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Their Legends and Folk Lore 


Published by 


Oklahoma City, Okla. 




Copyright 1922 by the Warden Co. 

FEB 21 1922 


This humble effort is attempted for the purpose of perpetuating some 
of the facts relative to the Cherokee tribe, that might otherwise be lost. The 
object has been to make it as near a personal history and biography of as 
many Cherokees as possible. 

Without the assistance of the magnanimous, wholesoul membership of 
the nation, the work would not have been possible and for that reason 1 wish 
to thank each and every member, for their hearty collaboration and express 
my regret that the work has not the merit with which many others might have 
invested it. 

Emmet Starr. 
Claremore, Okla. 
December 12, 1^2 I. 

From Press and Bindery of the Warden Co. 



\/Origin, Religion, Ciiaracteristics 2 1 

Trouble with the Chickamaugau, Attack at Knoxville, Mussel Shoals 
Massacre, Removal to Arkansas, First Printed Laws 35 

Convention of Delegates, Constitution Adopted -- 55 

Proclamation of May 28, 1828 67 

Treaty with the Cherokees, 1835 85 

The Emigration from Georgia, Cost Detachment, Resolutions of Protest, 
Political Differences, Civil War Averted 103 


Act of Union Between the Eastern and Western Cherokees 121 

Treaty with the Cherokees, 1846. Schools Established. Old Settler Pay- 
ments. Keetoowah Society Organized. Organization of Military 
Companies. Cherokees Enter the Civil War. General Waite Sur- 
renders -- 137 

Treaty with the Cherokees, 1866. Delawares Acquire Full Rights. Shaw- 
nees Adopted by Cherokees. Land Sold to Osages. Officers' Sala- 
ries Fixed. Land Donated to Masons. Lodges 167 


The Texas Cherokees 1820-30. Grant from Mexico. Grant from 
Texas. Treaties. Expulsion 187 


/ Public School System Established. National Officials. Male and Female 

Seminary. Graduates. Eleemosynary Institutions --_225 


Missionary Activities, First Printing 247 


Officers of the Cherokee Nation, September 9, 1839, to June 30, 1908__26l 

Old Families and Their Genealogy 303 

Continuation of Old Families __ — 335 


Continuation of Old Families 363 


Continuation of Old Families 374 

Continuation of Old Families 399 

Continuation of Old Families -- 419 

Redbird Smith. The Nig'hthawk Branch of the Keetoowah Organization. 
Election of Chief Levi Gritts 477 

Continuation of Old Families 543 





Oliver Hazard Perry Brewer, the son of Lieutenant Colonel Oliver Hazard Perry and 
Delilah (Vann) Brewer, was born in Canadian District on March 15, 1871. A member of 
the senior class at the Male Seminary he was expelled about a couple of months before 
graduation day for condemning the action of the principal of that school in unmercifully 
beating one of the smaller boys. Brewer then attended Arlcansas University and gradu- 
ated on December 6, 1803. He was elected Senator from Canadian District on August 5, 
1901. Elected a memtier of the Cherokee National School Board and chosen as its presi- 
dent in November. 1903. A democrat, he was elected delegate to the Oklahoma State 
Constitutional Convention from District Number Seventy-seven on November 6, 1906. 
Appointed postmaster of Muskogee in 1917. 





































































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nil a 

ne nail ni 
































.* T> 

J .T V 





do t 

di t 











I la 





























W V 














A as a in father, or short, ae a in rival. 

E as a in hate, or short, as e in met. 

I as i in pique, or short as i in pin. 

O as in note, but aw approaching to aw in law. 

U as 00 in moon, or sliori as u in pull. 

V as u in buf, nasalized. 

G, IS sounded bard approachioif to k; sometimen he 
fore e, I, u and v, its gound is k. D has a sound be 
iween the English a and i; pomeiimcs, before o, n, 
and V its sound is I; wuen written before I and 8 the 
same analogy prevails 
All other letters as iu English. 
Syllables beginning wiih g, except ga have 
sometimes the power of k; syllables when 
written with tl, except tIa sometimes vary to 


Origin, Religion, First Civilizatioyi. Early Wars 

■^ OR four hundred years the question: "From whence came the In- 
TT dian?" has been a recurrent problem. Four centuries of quest and 
^"^ investigation have not brought the solution nearer and it's sanest an- 
swer of today is conjecture. 

Every person, who has made an extended study of Indians either as a 
tribe or as a race, has naturally evolved some idea of their possible origin and 
this is very often based on tribal migration legends. 

.At some ancient period, so remote that even legend does not note it, the 
earth most probably came so ear the sphere of influence of some other planet, 
that it momentarily swung out of its solar trend, causing a cataclysm that in- 
stantly transforme dthe zones so suddenly that the giant mammoths were 
frozen as they stood, to be later incased in great masses of ice and preserved 
so well that as it melted away from their bodies the flesh \vas so fresh that ii 
was eaten by dogs and other animals. 

The immense glaciers were left in the temperate and possibly the torrid 
zones. .4s to whether any land was raised at that time there is a question, 
but there is very little doubt that much of the land connecting northern Eu- 
rope and America was submerged, leaving only Greenland, Iceland and a few 
other elevated portions above sea level. The flora and fossil remains indicate 
a previous continuity and the charts of the ocean bed show a well defined 
plateau at only a comparatively shallow depth extending from Labrador to 

These seismic and climatic convulsions most prDbably very nearly de- 
stroyed the cave dwellers of what had been the united continent of Euro- 
merica. but on account of their peculiar hardiness a few survived to repopulate 
the riven continent. 

Aeons later, so late that even the historians of the early civilizations were 
able to gather bits of legends concerning it, the fabled continent of Atlantis, 
lying west of Spain and possibly joining southern Europe or Northern Africa 
with South or Central America, sank with its mythical civilization and possibly 
leaving parts of a homogenous people in America, North Africa and Eurasia. 

Other people possibly came to western America from Asia and the South 
Sea Islands. As the people became more numerous they commenced to 
migrate. The Cherokees, with the soft accents of the underbills, which was 
obviously the mother dialect, were evidently from a southern country, for the 
pleasant fluent languages always come from a southern people in contradis- 


f thP north This tribe moved gradually to 
tinction from the harsher tones o ^ ^^ ,„i„,i3, ohio, Virginia 

the north and east as .s ^^■f"^^^^^^;^;^,^ showed artifactuary and thhnic 
and Tennessee that have been e>cpl«red and sho ^^^^^^^^^ ^^^^^^^^^ 

composition almost ■^-/'•- ,^^"f , ;;:S\norcrematory marks of this tribe 
and handicraft. In each of these toe .^1 k ^^ ^^^.^^ ^^^ ^.^^^^ 

were found; the charred post ^^ ^^e apex or ^^^^ _^^^^^_ ^j^^^. 

had been bound. The h^'-d'^"^^^^"^^^^''',;;'L t e n^ound had been added 

century. , , r-i ov, r^nro-in and on the surface of the 

• ,n the center of a mound ^^^ ^-h, G or^^ ^.d o ^^^^^^ ^^ ^^^^ 

ground were found two copper plates Fh,. ten to > ^.^^.^^^ ^^_ 

Len inhabited ^y^i'-^^^-^tnlTnTericrYucat n and^he Levant. 

signs to these are those of Central f "7''^' , , 3 t as far east as Dela- 


that when they came to the black grass counu\ 

sippi. This probably has reference to the frost hue. coastland 

The Cherokees came so suddenly and unexpectedly mto the coistlani 
that the Senecas and many other tribes thought that they came froni the earth 
and a led te,; -.cave men" or "the people that came from a hole m he 
e ound ' The ancient Delawares, who called themselves "Lenm Lenape" 
■The Peop e' ■ called the Cherokees, ■■Allegans." The Cherokees wer 
known to the Shawnees, another Algonquin tribe as he Keeoow a . The 
Shawnees called the Muskogees, "Swamp People" or "Humaskog. and this 
foreign name was slightly changed and adopted by the Muskogees when they 
formed their confederacy, but the Muskogees changed the word to Emmussuk, 
of Medicine, referring to the "black wash" and ogee, meaning confederacy or 
the confederacy of those who drank the black wash, a stringent emmenagogue 
and chologague for purification purposes immediately preceding the green 
corn dance and on other stated occasions. The Muskogees were probably 
driven out of Mexico by the Aztecs, Toltecs or some other of the northwestern 
tribal invasions of the ninth or preceding centuries. This is evidenced by the 
customs and devices that were long retained by the Creeks. 

The Cherokees were forced back from the vicinity of the Great Lakes 
and Atlantic by assailants, led by the valorous Iroquois, until they reached the 
southern Appalachian mountains, where they held all enemies at bay and ere- 



ated a neutral strip extending- north to Ohio river, nn which no tribe or war 
nor dared settle with impunity. 

_ When the earlv missionaries came amono- the Cherokees. they were as- 
omshed at the simihiritv of the religious traditions of the Cherokees to the 
b.bhcal accounts. I„ recountino- the religious views of the Cherokees thev 
stated that rom tuKe immemorial the tribe had been divided in sentiment 
That whde the greater part had been idolatrous, worshiping the sun, moon 
.tars and other gods; a small portion denied that system and taught that there 
were three benigs above, who created all things and will judge all men. That 
hey fixed the time and manner of death. Their names were : U-ha-he-ta-qua 
the great head of all power; A-ta-no-ti and U-squa-hu-la. These three beino-; 
were said to be always unanimous in thought and action and always will be 
Ihey s.t on three white seats above and are the only objects to which worship 
and prayers should be directed. The Angels are their messengers and come 
down to earth to attend to the affairs of men. 

They claimed that Yehowa was the name of a great king. He was a 
man and yet a spirit, a great and glorious being. His name was never to be 
spoken in common talk. This great king commanded them to rest every sev- 
enth day. They were told not to work on this day and that they should de- 
vote it to talking about God\ 

Yehowa created the world in seven days at Nu-ta-te-qua or the first new 
moon of autunm, with the fruits all ripe^^. God made the first man of red 
clay and he was an Indian, and made woman of one of his ribs.''' All people 
were Indians or red people before the flood. They had preachers and proph- 
ets who taught the people to obey God and their parents. They warned the 
people of the approaching flood, but said that the world would only be de- 
stroyed by water once, and that later it would be destroyed by fire, when God 
would send a shower of pitch and then a shower of tire' which would burn up 
everything. They also taught that after death the good and the bad would 
he separated, the good would take a path that would lead to happiness, where 
It would always be light, but the bad would be urged along another path which 
Hou.d lead to a deep chasm over which lay a pole with a do- at each end 
liey would be urged on to this pole and the dogs, by movin- it, would throw 
|hem off into the gulf of fire beneath. But if they' got over they would be 
transfixed with red hot bars of iron and thus be tormented forever> 

A little before the flood men grew worse and worse. At length God sent 
a messenger from above to warn the people of the flood unless^hey lurred 
from their wickedness. God then told a man to make a house that would 
swim, take his family and some of the dit^'erent kinds of animals into it' Th- 
rain commenced and continued for forty days and forty nights, while the water 
at the same time gushed out of the ground, so that as" much came up as came 
down from the clouds". 

The house was raised upon the waters and borne away. At lenoth the 
man sent out a raven, and after some time, sent a dove, which came back with 
a leaf in her mouth. Soon after this the man found the house was resting 
on 01 y ground on the top of a mountain. This being in the spring of the year 


tlic lamily and all the animals left the house and the family descended to the 
botton of the mountain and commenced their farming operations'. 

The Cherokees detailed to the missionaries parallels to practically every 
one of the stories of the Bible. They called Abraham, Aquahami; Moses was 
called Wasi. These accounts were so circumstantial that many investig-ators 
were led to believe that the Cherokees were of Semitic origin. But it is 
palpable that they had been told these stories by Priber during his short stay 
among them and that they had forgotten their origin within seventy years and 
attributed it to legends that had descended from the mythical Kutani and their 
primal religion. On account of the fact that the Cherokees thought that the 
missionaries were bringing back to them their old religion, it was a compara- 
tively easy task to convert them from a tribe of savages to a Christian nation 
within the comparatively short period of thirty years. When they were con- 
verted, they, at the behest of the missionaries cast aside every vestige of their 
ancient customs to such an extent that not any of their mythology has ever 
been preserved, even among those of the tribe that speak the Cherokee lan- 
guage preferably. 

On May 10, 1540, De Soto, according to the historiographer, "a gentle- 
man of Elvas, '■ entered the province of Chelaque, which was most pro- 
bably one of the Underbill settlements, as the use of the sound of the 
letter 'i" was universal with them in preference to the letter "r" which 
was occasionally used by the Overhills, notably in the word oochera in con- 
tradistinction to oochela, as used by the Underbills. After traveling a north- 
ward course through their country he came to Xualla, probably Qualla, an 1 
then turning westward the Spaniards traversed the entire Cherokee country, 
visiting Canasauga on the way. 

In the decade of 1666-1676 an exploring party sent out from Appomailox 
by Sir William Berkeley, Governor of Virginia, came to some abandoned fields 
and settlements located on a river flowing to the westward when their Indian 
guides refused to proceed, allieging that not far away dwelt a powerful tribe 
that never suffered strangers who discovered their towns to return alive'. 
This was in the vicinity of the Cherokees, and was thought to allude to them. 

Alexander Dougherty, a Virginia trader, was the first white man to marry 
a Cherokee, the date was 1690.- The Cherokees in concert with the Mus- 
kogee towns of Alabama, Abekas and Conchartys were said to have been in 
league to attack the French in 1708 but probably did not do so. 

Two hundred and eighteen Cherokees accompanied the colonists under 
Colonel Barnwell in 1712 in the subjugation of the Tuscaroras, an Iroquoian 
tribe that lived adjacent to and southeast of the Cherokees. Following the 
success of this expedition, the tribe then moved northward and joined the 
Iroquoian confederacy on the Great Lakes. Three years later the Cherokees 
joined the Yamassees, Appalachians and Creeks against the colonists, but they 
were defeated and the Yamassees and Appalachian tribes were destroyed. 

In January 1716 the Cherokees killed the Frenchmen de Ramsey and de 
. .ongueie, the latter being a member of the illustrious de Moyne family that 
founded Biloxi and New Orleans and furnished the first two governors of 
Louisiana, both of whom were the paternal uncles of young de Lonsjueil. whose 


father was Governor of Canada. In reprisal for the death of his son, the Gov- 
ernor induced the Iroquois to attack and burn two of the Cherolcee towns. 

The estimated popuhition of the Cherokee country in 1715 was eleven 
thousand, in 1735 fifteen thousand. In 173 8 the ravages of smallpox which 
was a hitherto unknown disease with them, reduced their number by one half, 
later reports gave their population for 1875, 10,717; ISSo, 21,920; 1890, 
28,000; 1900, 32,376 and 1910, 38,300. 

De Iberville established Biloxi as the capital of Louisiana in 1690, it was 
moved to Mobile in 1702, which was fortified nine years later, and was finally 
transferred to New Orleans in 17 18. Fort Toulouse, among the Creeks, Fort 
Rosalie among the Natchez and other fortified stations among the Chickasaws 
and Choctaws were established' with the consent of those tribes by the French 
in 1714 or earlier, and four years later the ambitious promotions of Law 
threatened to found a formidable French colony in the lower Mississippi valley. 
Of all the tribes east of the great river only the Cherokees remained friendly to 
the English and in order to counteract the French influence. Governor Nichol- 
son of South Carolina concluded a treaty of peace and commerce with them 
in 172 1 by which their boundaries were defined. This was their first treaty 
with the whites. 

In 1729, Sir Alexander Gumming, of England, was led, by a dream of his 
wife's, to undertake a voyage to America with the object of visiting the Chero- 
kees. He sailed on September I3th, arrived at Charlestown on December 
5th, and on March 1 1, 1730 began his journey to the Cherokee country. At 
Keowee, three hundred miles from Charlestown and which was the first im- 
portant location on the road, locally called the trace from Charlestown to the 
Cherokee nation, he met Ludovic Grant, a Scotch trader from Tellico, who had 
lived there since 1720, had married a Cherokee woman and spoke their lang- 
uage. He informed Grant that he wanted to visit the Cherokees and prevail- 
ed on him to accompany him on the trip. They stopped at the residence of 
Joseph Baker, a trader at Keowee and that evening attended a meeting of the 
headmen at the townhouse, where the Indians met every night. Sir Alexander 
made the first of his stereotyped addresses in which he stated "that he was one 
of the Great King George's children but was not sent either by the Great King 
or any of his Governors — that he was no public person and only came for his 
own private satisfaction to see their country, and that he would drink th.; 
King's health hoping that all persons would pledge him, which he accordingly 
did upon his knee desiring those present to follow his example He carried 
with him into the townhouse, his gun, cutlass and a pair of pistols; upon one of 
the traders telling him that the Indians never came there armed and that they 
did not like to see others do so, he answered, with a wild loi)k, that his inten- 
tion was, "if any of the Indians had refused the King's health I would have 
taken a brand from out the fire, that burns in the middle of the room and set 
fire to the house. 1 would have guarded the door and put to death every one 
that endeavored to make his escape, so that they might have all been con- 
sumed in the flames."' 

On the next morning he departed from Keowee on a trip of over one 
hundred and fifty miles into the center of the nation, during- which time hj 


never stopped for more than one night at a place. When any of the Chero- 
kees met him, they would, as was their custom, sliake nanas with him, upon 
which he would take down their names in a note book, saying that he had 
made a "friend of him." 

Sir Alexander was told of the ceremonies that were used in making a "be- 
loved man," or ouka; of which there were many in the nation, the word was 
ordinarily translated into English as "king" and the cap of red or yellow dyed 
opossum skin was generally spoken of as a crown. When Sir Alexander ar- 
rived at Neguasse he expressed a desire to see one of the crowns and upon 
being shown one, requested that he be allowed to take it to England and pre- 
sent it to the King. In an article in the London Daily Journal of October 8, 
1730. he made claims to have been made a chief of the tribe and that he was 
further allowed to name Mogtog of Tellico as their emperor. He told the In- 
dians he would soon return to England and that if any of them would like to 
accompany him he would take them. Seven Cherokees signified their willing- to go, two of whom were Attacullaculla and Oconostota. They arrived 
at Charlestown on April 13, 1730 and on June 5th they landed at Dover, 
England, on the English man-of-war Fox. On the 22nd they were presented 
to the King. Sir Alexander laid the opossum skin "crown" at his feet and the 
Indians added four scalps and eagle tail feathers to the tribute. This audience 
developed the real reason of his activities which were to follow in, a degree, the 
machinations of Crozat and Law in France. Among his schemes, was one 
for paying off eighty millions of the national debt by settling three million 
Jewish families in the Cherokee mountains to cultivate the land, and for re- 
lieving the American colonies from taxation by establishing numerous banks 
and a local currency, but he could find no one who would take his scheme^ 
seriously. In a letter from South Carolina bearing date of June 12th and pub- 
lished in the Edinburgh Weekly Journal of September 16, 1830 Sir Alexander 
was accused of having defrauded the settlers out of large sums of money and 
other property by means of fictitious promissory notes. He did not answer 
these charges and his chimera collapsed. The Indian delegation was loaded 
with presents by the government and returned to Charlestown. 

The Principal Chiefs of the Cherokees have been: 1736 Moytog; Atta- 
cullaculla, died 1778; Oconostota, died 1785; Tassel, killed in July 1788 
Hanging Neaughe, Blackfox; Pathkiller; William Hicks, was chief for only one 
year, 1827; John Ross 1828 to 1866; William Potter Ross, Reverend Lewis 
Downing, William Potter Ross, Reverend Ochalata, Dennis Wolf BushyheaJ, 
Joel Bryan Mayes. Thomas Mitchell Buffington, Colonel Johnson Harris." Sam- 
uel Hou.ston Mayes, Thomas Mitchell Buffington and William Charles Rogers. 
The Principal Chiefs of the Westeren Cherokees were, consecutively: John 
Bowles 1795-18 13; Takatoka 1813-1818; Tahlonteeskee, John Jolly, John 
Brown and John Rogers. The latter was deposed in 1839 and his valuable 
property at Grand Saline was confiscated by Chief John Ross. John Roger, 
was the grandfather of William Charles Rogers, the last Chief of the Cherokees. 

Governor Glenn of South Carolina concluded a treaty with the Chero- 
kees on November 24, 1855 by which that colony acquired five million five 


hundred twent}' six thousand four hundred acres and the right to construct and 
garrison three forts in the Cherokee country, and soon afterwards the Govern- 
or built Fort Prince George within gunshot of Keowee and Fort Moore, onj 
hundred and seventy miles further down on Keowee River. A treaty of alliance 
was made in 1756 between the Cherokees, Catawbas and North Carolina. Dur- 
ing this year the Earl of London having been appointed commander in chief 
of the British forces in the American colonies, sent Major Andrew Lewis to 
build the third fort in the Cherokee nation. He located it on the Tennessee 
River within five miles of Schauta, the capital of the nation. The English 
translation of Echauta is "place of rest." The English ordinarily spelled the 
name Chota. This fort was named London in honor of the Earl. It was 
garrisoned with two Scotch companies under Captains Paul Demere and John 
Stuart and was over one hundred and fifty miles from the nearest white settle- 

General Hraddock marching to attack Fort Duquense with a well equip- 
ped army of more than two thousrnd regulars and the famous Virginia Militi.i 
was met in ambush on the Monongahela River by seventy-two French regulars, 
two hundred and fifty Canadian volunteers and six hundred thirty seven In- 
dians under Captain Marie de Beauyeu and ingloriously defeated. The French 
had already ingratiated themselves with all of the western Indians except the 
Cherokees and the effect of Braddock's defeat was to encourage the Indians to 
scour the frontier in large and small bodies, killing, burning and destroying. 
The tide of emigration that had for several years steadily flowed westward over 
the Alleghenies commenced to rapidly recede. During this time Colonel 
George Washington wrote to his former employer, Lord Fairfax, that three 
hundred and fifty wagons had crossed one ford of the Monocacy River, east- 
bound, within three days. Colonels William Byrd and Peter Randolph were 
deputed by the Colony of Virginia in November 1755 to treat with the Chero- 
kees for their active cooperation; as Colonel George Washington expressed 
it "without Indians we will be unable to cope with the cruel foes of our coun- 

-Vlajor Andrew Lewis had led a company of Cherokees in an attack on the 
Shawnees, who were allies of the French and while on their return a party of 
them was entertained by a back settler in Augusta County, Virginia and when 
they had taken their leave, some of his friends, whom he had placed in ambush 
for that purpose, fired upon and killed several of them. Those who escaped 
arrived in their towns just as Byrd and Randolph were on the point of con- 
cluding their treaty.- Great excitement ensued, and but for the devotion of 
Silonee and the wisdom and tact of Attacullaculla, the treaty would not only 
have been defeated, but the commissioners themselves would have been killed. 
Attacullaculla hastened to apprise the commissioners of their danger, 
warning them to stay within their tent, and on no account to appear abroad. 
Silonee saved the lives of the commissioners by standing in their tent door and 
telling a body of warriors that before they got to the commissioners they would 
have to kill him, as Colonel Byrd was his friend. In addressing the council 
Attacullaculla expressed the indignation that they all felt at the treachery of 
the Virginians and declared he would have full satisfaction for the blood of 


his countrvmen. "Let us not, however" he added, "violate our faith, or the 
laws of hospitality, by imbruing- our hands in the blood of those who are now 
in our power; they came to cement a perpetual alliance with us. Let us 
carry them back to their own settlement; conduct them safely to their con- 
fines; and then take up the hatchet and endeavor to exterminate the whole 
race of them.'" A treaty of alliance was finally concluded. 

For three years the Cherokees adhered to their promise made in the treaty 
and defended the western frontier, rendered every aid possible to the settlers 
and when General Forbes assembled his levies to attack the French a large 
number of Cherokees joined him at Winchester. Virginia.- Dr. John Forbes, a 
Scotch physician, who had been serving in the Canadian service as a lieutenant 
colonel was promoted to a brigadier generalship by James Abercromby, the 
new British commander in chief, early in 1758. General Forbes was a strict 
disciplinarian who profited much by correcting many of the military mistakes 
of Braddock. He was domineering, petulant and at that time in such bad 
health that he had to be carried on a litter, and died in March 1759. He did 
not understand the irregular but effective mode of warfare as practiced by 
his Cherokee allies and his irritable complaints and continuous insults, even to 
the magnanimous Attacullaculla, caused the Cherokees to quit his command 
on November l5, 1758, ten days before his reduction of Fort Duquesne. On 
the nineteenth the General ordered that they be intercepted, their horses, guns 
and ammunition be taken from them and if they protested they should be strip- 
ped of everything except their breech clouts and then escorted back to their 
nation, to prevent them from reprisals. Thus the only tribe that had been 
faithful allies of the English for the last thirty seven years, after having been 
driven from the army by the continuous petty insults of the commander, was 
offered this last indignity and this, by the orders of the general must be exe- 
cuted by Colonel Byrd- whose life had been saved in 1755 by Attacullaculla, 
who was on this latter occasion the commander of the Cherokees. 

In addition to this, the colonial Indian affairs of the army which was 
under the "control of Edmund Atkin, Indian Agent,"' were so badly managed 
that, instead of receiving the encouragement their services and bravery merit- 
ed, they were met by what they considered injustice, neglect and contempt. 
At one time ten of them were imprisoned on suspicion of being spies in the 
French interest; another party, after having undergone the perils and priva- 
tions of their long march, went into action in their destitute condition, behaved 
nobly and rendered valuable service to the colony; but on returning with their 
trophies of honor, found neither agent nor interpreter to reward or thank 
them; nor any one who could tell them why they were thus neglected. But 
for the intervention and kind treatment of Colonel George Washington, they 
must have returned to their nation, tired with just resentment, if not open 
war, against their allies."' 

The Cherokees were attacked as they were returning from Forbes' camp 
by some of the back settlers, the very same people that they had gratituously 
protected, but the settlers did not discriminate between friendly Indians and 
enemy Indians, but set upon and killed twelve or more of the unsuspect- 
ing Cherokees, alleging that they had stolen some of their horses. 


TIil' younsi' warriors clamored for war but the old chiefs persuaded them 
to wait until they had asked satisfaction from the colonies, in accordance with 
treaty stipulations. They sought reparation and satisfaction from Virginia, 
then North Carolina and afterwards South Carolina, but in vain. War, their 
only alternative, began. Among others, two soldiers of the garrison at F.ort 
London, who were out hunting, were killed. Governor Lyttleton, of South 
Carolina mobilized the colonial militia in the vicinity of the Congarees to 
march against the Cherokees. Oconostota and thirty one other chiefs visited 
the Governor at Charlestown in an attempt to settle affairs. He told them 
that he would make his demands known only when he had reached their 
country, and if they were not granted he would take satisfaction by force of 
arms; that they must follow his army back to the nation. Upon Oconostota 
arising to protest, the Governor forced him to be seated and would not allow 
him to utter a word. The chiefs were forced to march behind the army to 
the Congarees where they were made prisoners, taken to Fort Prince George 
and shut up in a room that was scarcely large enough for the accommodation 
of six persons. 

The Governor's military ire cooled in proportion to the distance that he 
got from Charlestown. When he arrived at Fort Prince George, he sent for 
^ttacullaculla, the known friend of the English and upon that chief's arrival 
he insolently demanded the twenty-four Cherokees who had been accused of 
killing whites. Attacullaculla promised to do whatever he could in their de- 
fivery and asked that some of the prisoners be freed so that they might assist 
in the endeavor. Oconostota and seven others were accordingly liberated and 
the others, although they had gone as peace envoys were detained. 

Two of the Indians that had been demanded were brought in and ex- 
changed for two of the imprisoned chiefs; and an agreement was entered into 
on December 26, 1859 that the others would be delivered, but they had fled 
and could not be apprehended. Despairing of being able to rescue the prison- 
ers by any other means Oconostota asked the commander of Fort Prince 
George for a conference and Captain Cotymore, Lieutenant Dogherty, Ensign 
Bill and their interpreter, Foster, met liim on February 16, 1760, the parties 
being en opposite banks of the Savannah River. At a signal from Ocono- 
stota some warriors who had been hidden near him, fired and wounded all 
four of the party from the fort, the Captain being so severely wounded that 
he died two or three days later. The Indians stormed the fort but were re- 
pulsed and the twenty-two hostages were killed. 

War. with all of its dreaded consequences was now on, and the back set- 
ters appealed in vain to Governor Nicholson. Colonel Montgomery, who 
^-as later Earl Eglington v/as dispatched from New York to Charlestown from 
whence he marched against the Cherokees. raised the seige in May 1 76o that 
Oconostota was conducting against Fort Prince George, and on June 27, 1760, 
he destroyed Etchoe, which had been deserted by its inhabitants, but on ac- 
count of the incessant attacks it became necessary for him to retreat and in 
doing so he had to destroy and abandon all of his surplus supplies in order to 
expedite his progress. He reached Charlestown and sailed for New York.' 

At the same time that Oconostota attacked Fort Prince George, Willi- 


naw:i threw a stron? cordon around Fort l.ondon. Mannal by two companies 
of Scotch highlanders, the Fort mounted twelve cannon and was amply sup- 
plied with ammunition. Runners were sent to Virginia and South Carohna, 
but the former was not able to reach their destination on account of the dis- 
tance, and the defense of the latter was centered in the fleeing, harassed 
Montiomerv, and when his forces were safely away. Oconostota assumed the 
command of the investment of Fort London. Courageous, active and vigi- 
lant, he had the unaccounable reputation of having never lost a man in battle? 
Rations became shorter and shorter, and despite the fact that the Cherokee 
wives of many of the soldiers dared death in taking food to their husbands, 
the garrison was soon reduced to horse flesh. In this extremity Captain 
Stuart, the junior commander, whose wife was Susannah Emory, the quarter 
blood 'granddaughter of the Scotch trader Ludovic Grant, and who spoke the 
Cherokee language fluently, was known to them on account of his great shock 
of blond hair as Oonotota or Bushyhead asked for and had a conference with 
the Cherokee Chiefs at the townhouse of Etchauta, and agreed on the follow- 
ing articles of capitulation: 

"That the garrison of Fort London march out with their arms and drums, 
each soldier having as much powder and ball as their officers shall think nec- 
essary for their march, and all the baggage they may choose to carry that the 
garrison be permitted lo march to Virginia or Fort Prince George, as the com- 
manding officer may think proper, unmolested; and that a number of Indians 
be appointed to escort them, and hunt for provisions during their march; that 
such soldiers that are lame or by sickness disabled from marching, be received 
into the Indian towns and kindly used until they recover, and then be allowed 
to return to Fort Prince George; that the Indians do provide for the garrison 
as many horses as they conveniently can for their march, agreeing with the 
officers and soldiers for payment; that the fort, great guns, powder, ball and 
spare arms be delivered to the Indians without fraud or further delay, on the 
day appointed for the march of the troops." 

This agreement was signed by Captain Paul Demere representing the 
garrison and by Oconostota and Cunigacatgoae for the Indians.^ 

The Fort was evacuated on August 7, 1760, the garrison under the escort 
if Oconostota and Outacite started for Fort Prince George and encamped thai 
evening on Tellico Plains after having travelled some fifteen miles. Noticing 
that his escort was gradually leaving him, Captain Demere posted sentries, who 
came in early in the morning and reported that Indians painted for war were 
quietly approaching in large numbers. Hardly had he formed his men when 
a volley was fired into their ranks, killing Captain Demere, three of his officers 
and about twenty-six men. The attack continued with war whoops and an in- 
cessant rattle of guns from all quarters. The rest of the men were either 
killed outright or captured and returned to Fort London. After the soldiers 
left, the Indians found that the British had, contrary to agreement, bur'.ed mucn 
of their powder and equipment. This breach of faith incensed them and was 
the primary reason for the Tellico Plains attack. 

As soon as Attacullaculla heard that Captain Stuart had been returned 
to Fort London with the other prisoners, he hastened there and purchased him, 


giving in exchange his arms and all of his clothing except his breech clout. 
He took his prisoner to Captain Demere's house, which he had appropriated 
and entertained him. Oconostota was anxious to renew the investment of 
Fort Prince George and proposed that Captain Stuart be compelled to operate 
the artillery that they had captured, against the fort. Captain Stuart appealed 
to Attacullaculla to save him from this fratricidal position. The Chief stated 
that he was going on a hunt and that he intended taking his prisoner with him. 
As soon as they were safely in the northern hunting grounds and outside the 
Cherokee settlements they turned eastward to Virginia, where Attaculaculla de- 
livered Captain Stuart to his friends and retraced his way to Fort London. 

Attacullaculla was a small, slender man, distinguished as an orator and 
diplomat instead of being a great warrior. The word attacullaculla is trans- 
lated as a pole or reed slightly stuck in the earth and leaning; or leaning stick 

Captain John Stuart was born in Scotland in the early part of the eigh- 
teenth century and died at Pensacola, Florida, February 2 1, 177'i. 

The assembly of South Carolina tendered Captain Stuart a vote of thanks, 
together with a reward of 1500 pounds for his heroic defense of Fort London 
and he was later appointed British Superintendent of Indian Affairs South ot 
the Ohio River. 

Fort Prince George was strengthened. In January 176 1 Lieutenant 
Colonel James Grant, who had succeeded to the command of Colonel Mont- 
gomery's Highland Scotch regiment arrived at Charlestown and went into 
winter quarters. By the accession of Provincial Militia, Choctaw and Chicka- 
saw allies his command was brought up to twenty-six hundred men. They ar- 
rived at Fort Prince George on May 2 7, 1761, when they were met by Atta- 
cullaculla who plead the cause of his people and begged Colonel Grant to delay 
his march until he could return to the nation and attempt to bring about peace. 

Colonel Grant refused to listen to him and started from Fort Prince 
George on June 7th. After a rapid march he reached a gap in the moun- 
tains, where he detailed Lieutenant Francis Marion, who later played such an 
important part in the revolution, with thirty men to reconnoiter. Scarcely 
had this advance force entered the gap before they were entiladed and twenty- 
one of the men fell at the first discharge. The battle lasted for about three 
hours with a loss of about sixty men killed on each side and the Cherokees 
were defeated. For a month more Colonel Grant devastated the middle 
Cherokee settlements, burned every habitation and destroyed all rrops. Driv- 
en to distress the Cherokees made a treaty of peace with the South Carolin- 
ians in September 1761 and another with the Virginians on November o, 1 761 
For fifteen years peace reigned in the Cherokee nation, but on May 9, 1776, 
circular letters were sent out by the British Superintendent, Stuart, to the 
Cherokees and Tories asking them to fall on and destroy the western American 
settlers. The Cherokees at first demurred but finally acceded to the wishes 
of King George, as they understood that he was the head of the English. It 
was hard for them to understand how one part of any people could fight oth- 
ers of their own nationality. But at last many of the young warriors listened 
to the persuasive Stuart, who had been their friend and agent for some ten 


It was agreed to make a simultaneous attack on the western settlers. 
For this purpose the Cherokees were to furnish seven hundred warriors to 
be divided into three bodies. One of these under Dragging Canoe was to at- 
tack the Holston settlements, the second contingent under Abraham of Chil- 
howee was to destroy the Watuga settlements and Raven (Colonah) was to 
march against Carters Valley. The attack was to be made on the morning 
of July 21, 1776. But as soon as she was certain that the preparations were 
in earnest Mrs. Nancy Ward, the Ghigan or the beloved woman of the Chero- 
kees, who was living at Chota dispatched William Thomas, a white trader and 
William Fawling, an eighth blood Cherokee and a son of Rim and Elizabeth 
'Emory) Fawling to apprise the settlers of their danger. Hastily assembling 
they were ready to meet the advance of the British allies which included 
warriors and Tories. The little army from the Holston settlement met Drag- 
ging Canoe's contingent at Long Island on July 20, 1776 and after a short 
skirmish in which thirteen Cherokees were left dead on the field, Dragging 
Canoe withdrew his forces. 

On the next mnriiing at sunrise, Abraham attacked Fort Watauga, which 
was garrisoned by forty men under Captain James Robertson and Lieutenant 
John Seiver and this post was invested for twenty days but the Indians were 
finally compelled to retire. On account of the repulse of Dragging Canoe and 
Abraham and the further fact that he found the citizens of Carter's Valley fort- 
ed up. Raven failed to make the concerted attack. 

"Upon the whole, the Indian invasion was a failure, owing to the timely 
warning of Nancy Ward, and the concentration of the inhabitants in forts built 
in consequence of the information she conveyed. If the well guarded secret 
of the Indian campaign had not been disclosed, and they had been permitted 
to steal upon the defenseless backwoodsmen, who, in fancied security, had re- 
mained scattered over the extensive frontiers, every soul of them would have 
been swept from the borders of Tennessee.'" 

Isaac Thomas' services were recognized and rewarded by the Virginia 
legislature. Mrs. William Bean, the mother of the first white child born in 
Tennessee, nnd S;'niuel Mcore, a boy, were captured at the attack on Foit 
Watauga. They were taken back to the Cherokee nation where the boy was 
burned at the st-'ke and a like punishment was being meted to Mrs. Bean, who 
was tied to a stake on the top of the mound that stood in the center of Et- 
sauta, the fagots were piled around her and the frenzied savages were gloating; 
over their chance to also sacrifice their second. Defeat had whetted their 
remorseless appetites, but just as the torch was about to be applied, the Ghigan 
exercising her prerogatives approached the pyre, pronounced the pardon of 
Mrs. Bean, cut the strands that bound her and took her to her home, kept her 
until it was safe to send her under the escort of her brother Longfellow and her 
son Firekiller, to her home and husband. Chief Tassel said afterward that 
Moore was the only white person that was ever burned by the Cherokees. 

In retaliation for the Cherokee attacks North Carolina sent twenty-four 
hundred men under Colonel Griffith Rutherford against the Cherokees, two 
hundred Georgians under Captain Jack, eighteen "hundred and sixty South 
Carolinians and two thousand Virginians under Colonel William Chri^stian at- 


cicked and destroyed most of the nation; destroyed their crops, appropriated 
their property and burned fifty of their towns and reduced the people to dire 
destitution. Etsauta, the home of Attacullaculla and Ghigau was spared from 
destruction by Colonel Christian, the commander of the Virg;inia forces. A 
treaty of peace was concluded with the South Carolinians and Georgians ai 
De Witt's Corner on May 20, 1777, and exactly two months later another 
with Virginia and North Carolina at Long Island of the Holston. By these 
two treaties they ceded five million two hundred sixty four thousand acres. 
Outacita, Young Tassel and Dragging Canoe did not attend either of these 
treaties and the latter chief withdrew with many implacable young warriors and 
established the five Chicamauga towns, east of the present city of Chatta- 
nooga. Dragging Canoe was at this time a stalwart, subtle and daring warrior 
of about twenty four years of age. Outacita was at this time seventy-five years 
old, discontented, he moved to the Chicamauga settlements but on account of 
his age was not active in their affairs. Young Tassel was a half blood Eng- 
lish-Cherokee who was later known as John Watts. He settled in the vicinity 
of the Chicamaugas, but did not join them. Chief Attacullaculla died in 1778 
and was succeeded by Oconostota. The Chicamauga towns flourished and 
became the headquarters of the British authority south of the Ohio. The Brit- 
ish agent Colonel Brown and subagent John McDonald were established there. 
McDonald's store became the British commissary. Many warriors from thai 
community prepared to join Governor Henry Hamilton in a general attack on 
the western frontier, but the Governor was arrested on February 25, 1779 by 
Colonel George Rogers Clark and the Chicamaugas decided to attack the 
Holston settlement, but in the meantime James Robertson who was located 
ac Etsauta as the first American Cherokee agent had ascertained their moves 
and with a force of five hundred men attacked and destroyed the eleven 
Chicamauga towns by way of the Tennessee. Among other property destroy- 
ed was one granary of twenty thousand bushels of corn. Upon hearing of 
this destruction the Cherokee warriors retraced their way to their devastated 

The lull that followed this destruction enabled the Transylvania troops 
to furnish many expert riflemen to the American forces at Kings Mountain, 
where the tide of war was changed in favor of the young republic. It also 
gave the Chicamaugas time to remobilize their forces for another general 
attack, but this was thwarted by a counter attack by Colonel John Sevier in 
the winter of 1780-81 in which he destroyed the Overhill towns and those on 
the Hiwassee River. In the summer of 1781 a treaty of peace was concluded 
with the Overhills. For a third time in three years the western settlements ot 
the Cherokees were over run and ruined, this time by Colonel Sevier, in Sep- 
tember, 1782. 

Conditions were not any longer tenable for the impoverished Chica- 
maugas, within the Cherokee settlements, so they moved about forty-five 
miles westward and established the Five Lower towns of: Running Water, 
Chicamauga, Nickajack, Crow and Lookout Mountain, forming a strategic 
point for the assembling of Chicamaugas, Tories, STiawnees and Creeks. 
Oconostota resigned the Chieftaincy on account of old age in 1782 and was 


succeded by Tassel. Oconostota died in 1785. The English interpretation ot 
his name was pounded ground hog, or popularly called "ground hog sausage." 
Fifty-five years before his death he had, as a young chief, visited England, and 
for that reason was most probably born about the beginning of the eighteenth 

Bv John Howard Payne, Author of Home, Sweet Home. 

O, soft falls the dew, on the twilight descending. 
And night over the distant forest is bending 
And night over the distant forest is bending 

Like the storm spirit, dark, o'er the tremulous main. 
But midnight enshrouded my lone heart in its dwelling, 

A tumult of woe in niv bosom is swelling 
And a tear unbefitting the warrior is telling 

That hope has abandoned the brave Cherokee. 
Can a tree that is torn from its root by the fountain. 

The pride of the valley; green, spreading and fair. 
Can it flourish, removed to the rock of the mountain, 

Unwarmed by the sun and unwatered by care? 
Though vesper be kind, her sweet dews in bestowing. 

No life giving brook in its shadows is flowing. 
And when the chill winds of the desert are blowing. 

So droops the transplanted and lone Cherokee. 
Sacred graves of my sires; and 1 left you forever? 

How melted my heart when I bade you adieu; 
Shall joy light the face of the Indian? Ah, never; 

While memory sad has the power to renew. 
As flies the fleet deer when the blood hound is started. 

So fled winged hope from the poor broken hearted; 
Oh, could she have turned ere forever departing. 

And beckoned with smiles to her sad Cherokee. 
Is it the low w-ind through the wet willows rushing. 

That fills with wild numbers my listening ear? 
Or is it some hermit rill in the solitude gushing, 

The strange playing minstrel, whose music 1 hear? 
'Tis the voice of my father, slow, solemnly stealing, 

I see his dim form by yon meteor, kneeling 
To the God of the White Man. the Christian, appealing. 

He prays for the foe of the dark Cherokee. 
Great Spirit of Good, whose abode is in Heaven, 

Whose wampum of peace is the bow in the sky, 
Wilt thou give to the wants of the clamorous ravens, 

Yet turn a deaf ear to my piteous cry? 
O'er the ruins of home, o'er niv heart's desolation: 

No more shalt thou hear my unblest lamentation; 
For death's dark encounter, 1 make preparation; 

He hears the last groan of the wild Cherokee. 



Trouble with th< Chicamaugas, Attack at Knoxville. Mussel Shoals 
Massacre, Removal to Arkansas, First Printed Laws. 

The lirst treaty between the United States and the Cherokees was made 
at Hopewell on the Keowee River on November 28, \S7S, between "Benjamin 
Hawkins, Andrew Pickens, Joseph Martin and Lachlan Mcintosh, Commis- 
sioners Plenipotentiary of the United States and the Headmen and Warriors 
of all the Cherokees." The Commissioners were among the most disting- 
uished men of the southern part of the republic. Pickens and Mcintosh had 
been brigadier generals of militia in the revolution; Martin and Hawkins had 
held honorable positions both in military and civil life. Both parties agreed 
to restore all prisoners. The Cherokees acknowledged the exclusive protec- 
tion and authority of the United States. Boundary lines were to be definitely 
marked, peace declared and the Cherokees should have a right to a delegate 
to Congress. 

The belligerency of the Chicamaugas was practically unimpeded, although 
Dragging Canoe died at Running Water on about the tirst of March l 792 and 
was succeeded as town chief by John Bowles, an auburn haired, blue eyed, 
half blood Scotch Cherokee aged about thirty-two years. Tassel, head chief 
of the Cherokees and a well known friend of the whites, with his son and two 
others was invited to the headquarters of Mayor James Hubbert in 1 788. They 
came unarmed, under a flag of truce and promise of protection although they 
were not at war. As soon as they were within his lines, Habbert had them 
conveyed to a vacant house and placing a tomahawk in the hands of a youn^ 
man whose parents had been killed by a marauding band of Cherokees, told 
him to kill all of the visiting Cherokees, which he did while the Mayor stood 
guard at the door. This is the only instance of a head chief of the Cherokees 
being killed, either while in office or later, excepting the murder of Richard 
Fields, the Texas Cherokee Chief. Tassel was the uncle of John Watts, Tab- 
lonteeskee and Unakateehee. Scolacutta or Hanging Maugh succeeded 
Tassel as head chief of the Cherokees. 

A treaty was made by Governor William Blount and the Cherokees on 
Holston River on July 2, 1791. It was practically a reiteration of the treaty 
of 1785, but granted the Cherokees an annuity of one thousand dollars, and 
on February 1 7, of the next year a supplementary treaty was made at Phila- 
delphia increasing the annuity to fifteen hundred dollars. This was raised to 
five thousand per annum on June 26, 1 794. 

While Dragging Canoe was succeeded by John Bowles as town chief 
of Running Water, his succession to the leadership of the Chicamaugas passed 
by an election by that band to John Watts in the latter part of March 1 792 and 
two months later, on Sunday, May 21st, the Chicamaugas met Governor 
Blount at Coyateehee in the nation, where elaborate plans had been made by 
them to receive and honor him. A ball play was held the following day and 
was succeeded by a council in which Watts and the Cherokees again pledged 
fealty to the United States. Watts promised that he would visit Governor 


Blount, ten days later, stay a few days with him and then accompany him on 
a mission to the Choctaws and Chickasaws. 

On the day after the departure of the Governor, Watts went !o Too,uo, 
v/here a courier delivered a letter to Watts, from William Panton, :>. wealthy 
Scotch merchant at Pen5::ccl?, where he had fled from Georgia after Ins prop- 
erty in that province had iu-en confiscated and destroyed because he w;is a 
tory. The letter invited Watts and such other friends as he cared to bring, es- 
pecially Tahlonteeskee, to visit him and the Spanish Governor O'Neal at his 
establishment at Pensacola, where they would be given many presents. 

Taking letters of introduction from John McDonald of Chicamauga, late- 
Assistant British Superintendent of Indian Afairs; Watts, Tahlonteeskee and a 
son of the late Dragging Canoe set out for Pensacola. On arriving there they 
were flattered and shown every attention, then were reminded of the pertidious 
death of Tassel. They were assured of the fact that neither English nor Span- 
iards ever coveted their hunting grounds but that the settlers were continually 
encroaching upon them. They were given pack loads of arms, ammunition 
and presents and told they might have as much ammunition and arms as they 
needed to get satisfaction for the death of their kinsman, Tassel. 

On their return to the nation. Watts issued a call to the Chicamaugas to 
meet at his residence at Wills Valley on the following green corn dance date, 
which was in August. On their assembling. Watts laid before them the prop- 
osition of Panton, and while this was bitterly opposed by Bloody Fellow, it 
gained almost unanimous approval. The war party started out three days 
later against the Cumberland settlements, but hearing that Unakateehee had 
arrived at the mouth of Lookout Creek, with a load of whiskey, they had it 
brought to Willston where they drank and feasted for several days and were 
delayed some ten days longer, debating modes and plans of attack. Tahlon- 
teeskee went forward to reconnoiter the Kentucky and Cumberland roads, but 
only encountered some travelers, killing one of them. Middlestriker of Wills- 
town with fifty-five warriors prepared an ambush near Crab Orchard on the 
Walton road, where on September 23, 1792 he attacked Captain Samue! 
Handley, who was captured by Arthur Coody and later liberated. 

General James Robertson, commander of the Tennessee troops, dispatch- 
ed on September 25th, Clayton and Jonathan Gee, two of his most trusted 
spies to locate the Cherokees, but they were met by George Fields and John 
Walker on a like errand for Watts, and killed. Fields as a captain and Walker, 
a major of the Cherokee auxilliaries rendered good account of themselves with 
the Americans under General Andrew Jackson at the battle of Horseshoe Bend 
in 18 14. 

Watts command of about one hundred and sixty seven Cherokees, thirty 
Shawnees from Running Water under Shawnee Warrior and eighty three 
Creeks under Talotiskee of Broken Arrow got near enough to Buchanan's 
Station to hear the lowing of the cows on the evening of the thirtieth of Sep- 
tember, where it became necessary to have another conference, as Talotiskee 
and Doublehead wished to attack that station, which was small and Watts had 
planned to attack Nashville, which was only four miles further and was the 
largest station in this vicinity. The adherents of the former proposition were 


successful :uid the attack was made near midnight. After a fierce melee of 
several hours it became apparent that General Robertson was approaching 
from Nashville and the Indians withdrew. Kiachatalee of Nickajack, Shaw- 
nee Warrior of Running Water and Talotiskee of Broken Arrow were killed 
and seven Cherokees were wounded, three of whom later died from the effects 
of their wounds. John Watts and Unakateehee were among those wounded, 
hut both survived. No casualties occurred to those in the blockhouse. 

On June 12, 1793, a delegation had gathered at Hanging Maugh's pre- 
paring to proceed to Philadelphia in compliance with an invitation from the 
President transmitted to them by Governor Blount, the Governor had already 
gone ahead, on the seventh of the month to make preparations for their com- 
ing and had delegated John McKee to accompany them. Watts, Doublehead 
and several other prominent Cherokees were some who had come to see the 
delegates off. Without warning, a company of whites under Captain John 
Beard, who had been hunting the slayers of Thomas Gillum and his son James, 
appeared at Maugh's residence and began firing promiscuously, killing about 
twelve and wounding many others, including Hanging Maugh, his wife and 
daughter and Elizabeth, the daughter of Nancy Ward. Upon the repeated re- 
quests of the Cherokees, Captain Beard was tried before a court martial but 
was acquitted. 

Finding that the protection that had been promised them by treaties 
was of no effect, the Cherokees again commenced to prepare for retaliation 
and the settlers for defense. Knoxville had a garrison of forty men. Gen- 
eral Sevier with a force of four hundred mounted was at Ish's Station, across 
the river from Knoxville, Campbell's Station, fifteen miles west of Knoxville, 
one of the strongest posts on the border was well guarded and Cavitt's Station, 
half way between Knoxville and Campbell's Station contained people, three 
of whom were gun men. John Watts with one thousand warriors crossed 
Tennessee River below the mouth of Holston on the evening of September 
24, 1793 and marched all night intending to surprise Knoxville at daylight but 
on account of the bickering of Doublehead and others who wished to attack 
instead of avoid the small stations on the way they arrived near Cavitt's Sta- 
tion at the time that Watts had planned to reach Knoxville. An assault was 
made on that Station. Alexander Cavitt was killed and five Indians were 
killed or wounded. A parley was then held in which the people of the Statior 
surrendered on the promise of protection, but they were brutally murdered by 
the intractable Doublehead. The Indians, knowing that their plans were 
known, then recrossed the Tennessee. 

General Sevier with about seven hundred men pursued the hostiles, who 
were both Creeks and Cherokees and came up with them at the mouth of Eto- 
wah River on October 17, 1793 where after a spirited engagement of only a 
few minutes in which less than ten men were killed, the Indians abandoned 
the field. After this skirmish the middle towns were at peace with the set- 
tlers although daring leaders of the Chicamaugas, either single or with small 
bands kept up desultory depredations until Major James Ore destroyed Nicka- 
jack and Running Water on September 13, 1794 and put an end to the Chero- 
kee war. 


In June 1794 some emigrants who were on their way down Tennessee 
River to the western settlements were attacked at Mussel Shoals. John Bowles 
and all of his men were killed. "After this bloody tragedy, which is known 
as the Mussel Shoals Massacre, the whole party of Cherokees went aboard 
the boats, descended the Tennessee, Ohio and Mississippi to the Mouth of the 
St. Francis River. There they placed all the white women and children in 
one boat, granted to each of the married ladies a female servant, put on board 
an ample stock of provisions and four strong and able black men and let them 
descend the Mississippi to New Orleans, the place of their destination. With 
one of these ladies 1 afterward became acquainted. At her residence 1 have 
frequently domiciled when visiting New Orleans, and found her, though a wid- 
ow, truly a mother in Israel. She was to New Orleans what Mrs. Isabella 
Graham was to New York. It was from her lips that I received the foregoing 
particulars. She often spoke of the kindness and courtesy with which she and 
all the white ladies and children were treated by Bowl and his party. 

But to return to my narrative, after the departure of the boat for New 
Orleans, the Bowl and his party ran the other boats, with their contents of 
goods, servants, etc., a few miles up the St. Francis River to await the issue of 
the affair. They feared that their conduct at the Mussel Shoals would be re- 
garded by our government as a violation of the treaty of amity, and as a re- 
newal of hostility. As soon as the massacre of Mussel Shoals was known to 
the Cherokees in their towns they convened a general council, and in a me- 
morial to the United States government, declared that they had no part in the 
tragedy; that they wished to be at peace with the United States and that they 
would do all in their power to aid the United States in bringing them to justice. 
They sent for Bowl and his party to return and submit to a trial for taking 
the lives of white citizens of the United States. When this whole matter was 
investigated by the government of the United States the Cherokees were fully 
justified and the property confiscated and declared by treaty to belong justly 
to the perpetrators of the Mussel Shoals Massacre." 

The Cherokees had been settling in the St. Francis country for at least 
forty years, as Lieutenant Governor Couzat reported to Governor Amazoga 
on December 10, 1775 that the Cherokees had driven the miners away from 
Mine I.a Motte, fifteen leagues from St. Genevieve.' 

"The course pursued by the Cherokee council toward the refugees tended 
to alienate their minds from their people in the home of their fathers, and 
made them less reluctant to remain in their new homes west of the Mississippi 
Added to this, the abundance of game, the fertility of the soil and the bland-- 
ness of the climate, soon made them prefer their homes here to those where 
they had resided in the east. Other parties who crossed the Mississippi foi 
the purpose of hunting and trapping, when thev saw the prosperity of the orit;- 
nial refugees, joined them. 

Louisiana was delivered to the United States government at St. Louis on 
March 10, 1804 and all of that portion lying north of the thirtv-fifth parallel 
was constituted, on March 8, 1805, the Territory of Louisiana " 
,u J^'T^ '!"" '"°"^'' ""^ December 18 1 1, the great siesmatic disturbances of 
the St. Francis River country, in which the Cherokees were located, caused 


much of this tL'rritory to be submerged; while subterranean rumblin,;; and 
roaring continued for many years. Fearing that this country was under the 
ban of the Great Spirit, the Cherokees moved en masse to a new location be- 
tween the Arkansas and White Rivers.' 

On June 4, 1812 the Congress of the United States created the Territory 
of Missouri and on the succeeding thirty first day of December, the County of 
Arkansas, Territory of Missouri, was created, embracing practically the pres- 
ent state of Arkansas, and during the following year Lawrence County was 
constituted from that portion of Arkansas County lying north of the mouth of 
Little Red River. Thus it will be seen that the Cherokee settlement was suc- 
cessively within the Spanish province of Louisiana, Territory of Louisiana, Ter- 
ritory of Missouri and the Counties of Arkansas and Lawrence, Territory of 
Missouri. During all of which time they had been settlers without warrant 
of title to their habitations and it was not until the ratiticaion of the United 
States-Cherokee treaty of of July 8, 1817, that they were confirmed in their 
rights to their homes. 

In 18 13 a considerable accession was made to their number by voluntary 
emigration from the old nation and they became so numerous that the United 
States sent Samuel Treat to be their agent in the St. Francis country and he 
iccompanied them to their new location between the Arkansas and White 
Rivers; he was succeeded in 18 13 by William L. Lovely. 9 

The rights of the Western Cherokees to their lands in Arkansas was con- 
firmed by the treaty of 1817, at Turkeytown in which the government agreed 
to give the Arkansas Cherokees as much land "acre for acre" between th:: 
Arkansas and White Rivers as they would cede of their domain in the east, 
besides paying the emigrants that might thereafter move, for their improve-- 
ments, transport them to their new homes, subsist them for twelve months 
after their arrival, besides other perquisites and valuable considerations. The 
result of this treaty was a considerable emigration from the east to the west 
in the years 1818 and 1810. From that time until their union by the treaty 
of 1835, which was not effected, in fact, until 1830, the Arkansas Cherokees 
were estimated at one-third of the whole tribe. 

In the opening of 18 19 Thomas Nuttall, the naturalist, ascended the 
Arkansas River, and gave the following of the Western Cherokees, as he 
found them: "Both banks of the river as we proceeded were lined with the 
houses and fences of the Cherokee, and although their dress was a mi.xture of 
indigenous and European taste, yet in their homes, which were decently fur- 
nished, and in their farms, which were well fenced and stocked, we perceived a 
happy approach toward civilization. Their numerous families, also, well fei 
and clothed, argue a propitious progress in their population. Their superior 
industry, either as hunters or farmers, proves the value of property amon^:; 
them, and they are no longer strangers to avarice and the distinctions created 
by wealth. Some of them are possessed of property to the amount of many 
thousands of dollars, have houses handsomely and conveniently furnished, and 
their tables are spread with our dainties and luxuries." 

The capital of the Cherokee Nation West from 18 13 to 1824 was at 
Takatoka's village; from 1824 to 1828 it was at Piney, on Piney Creek; fron-. 


1828 to 1838 at Tahlonteeskee on the south side and near the mouth of the 
Illinois River and for a short time in 1839 at Takatoka or Double Springs on 
Fourteen Mile Creek. 

By the provisions of a treaty between the United States and the Osage 
Indians on June 2nd, 1825, the latter ceded to the United Sates all of their 
land lying " east of a line to be drawn from the head sources of the Kansas 
River southwardly through Rock Saline." This was afterwards marked as the 
hundredth meridian, thus becoming automatically the western boundary line 
of Arkansas. 

It being the policy of the United States to settle all of the Indians that 
were located within the organized States and Territories in the extreme western 
uncharted lands of the government and the Cherokees wishing to escape the 
oppression and inconvenience of being located in a small narrow reservation 
where they were continually hampered and disturbed, they exchanged their 
lands in the Territory of Arkansas for a like amount lying west of the old line 
of Arkansas. In accordance with this treaty the Western Cherokees moved 
to their new territory in 1828-29. 

Bowles' village was between Shoal and Petit Jean Creeks, on the south 
side of the Arkansas River, and consequently not within the territory ceded to 
the Cherokees by the treaty of 1817. On account of this fact and also to 
gratify a general wish of his townsmen to locate within Soanish territory, 
where they thought they would find such pleasant surroundings as they had 
encountered in the vicinity of New Madrid in southeast Missouri, but they did 
not stop to remember that while that had been Spanish territory, that their 
neighbors and officers had been Frenchmen. But nevertheless the sixty fam- 
ilies of Bowles' town moved to and located in Texas in the winter of 1819-20. 
They were shortly afterwards joined by Richard Fields (Grant 1' 1? 3^ 2*) 
a man of striking personality, of considerable intelligence and although he 
spoke the English language fluently and preferably, he was not able to sign 
his name. From the time that he joined them until his death, he was untiring 
in his efforts to obtain a title for the Cherokees, to the land on which they re- 
sided. A title to these lands were obtained from the Republic of Texas, by 
treaty on February 23, 1836. They were driven from this land on July 16. 
1839 by the entire army of the Republic of Texas, commanded by Brigadier 
General Kelsey H. Douglas, who was accompanied by Vice and Acting Gov- 
ernor David G. Burnett. Secretary of War Albert Sidney Johnson and Adju- 
tant General Hugh McLeod, thus making the Republic responsible for their acts. 

Three plats of land, each a mile square were set aside by the provisions ot 
article two of the treaty of Tellico, of October 25, 1805, ostensibly for gov- 
ernment purposes, but in reality, as shown by a second article of the treaty for 
Doublehead and Tahlonteeskee as a bribe for their support in making the 
treaty. Tahlonteeskee disposed of his two allotments and joined the Chero- 
kees in Arkansas, where he became principal chief. Doublehead stayed ir 
the Eastern Cherokee Nation where he dared the scorn of his neighbors, in 
the summer of 1807, a great ball play was held on Hiwassee River, attended 
by more than a thousand Cherokees, after the close of the game, a chief named 
Bonepol.sher upbraided Doublehead for his perfidy and Doublehead drew his 


revolver and killed him. During' the evening, Doublehead who had been 
drinking entered a tavern where he encountered John Rogers, (Grant 1' l- 2'--) 
Ridge (Ridge 1^ It) and Alexander Sanders (Sanders r 2-). Rogers com- 
menced to berate him for his crime. Doublehead said to him: "You are a 
white man and live by sufferance among us, hush and let me alone or I will kill 
you." Doublehead snapped his pistol at him, some one extinguished the 
light, a shot was tired and when the lamp was relighted Doublehead was lying 
on the floor with a large wound in his lower jaw. Doublehead was then taken 
to a neighbor's loft but was found and killed by Sanders, who was accompanied 
by Ridge.'. 

The progress of a people is best exemplified by their efforts to establish 
equal rights for all of their people and their printed laws are the best inde-; 
to their advancement. The tlrst printed law of the Cherokees was: 


Resolved by the Chiefs and Warriors in a National Council assembled. 
That it shall be, and is hereby authorized, for the regulating parties to be organ- 
ized to consist of six men in each company; one Captain, one Lieutenant and 
four privates, to continue in service for the term of one year, whose duties 
it shall be to suppress horse stealing and robbery of other property within their 
respective bounds, who shall be paid out of the National annuity, at the rates 
of fifty dollars to each Captain, forty toeach Lieutenant, and thirty dollars to 
each of the privates; and to give their protection to children as heirs to their 
father's property, and to the widow's share whom he may have had children 
by or cohabited with, as his wife, at the time of his decease, and in case a 
father shall leave or will any property to a child at the time of his decease, 
which he may have had by another woman, then, his present wife shall be en- 
titled to receive any such property as may be left by him or them, when sub- 
stantiated by two or one disinterested witnesses. 

Be it resolved by the Council aforesaid. When any person or persons 
v\-hich may or shall be charged with stealing a horse, and upon conviction by 
one or two witnesses, he, she, or they, shall be punished with one hundred 
stripes on the bare back, and the punishment to be in proportion for stealing 
property of less value; and should the accused person or persons raise up with 
arms in his or their hands, as guns, axes, spears and knives, in opposition to the 
regulating company, or should they kill him or them, the blood of him or them 
shall not be required of any of the persons belonging- to the regulators from 
the clan the person so killed belonged to. 

Accepted. — BLACK FOX, Principal Chief, 
CHAS. HICKS, Sec'y to Council. 

Brooms Town, 11th Sept. l8oS. 

Be it known. That this day, the various clans or tribes which compose the 
Cherokee Nation, have unanimously passed an act of oblivion for all lives for 
which thev mav have been indebted, one to the other, and have mutually 


agreed that after this evening the aforesaid act shall become binding upon 
every clan or tribe; and the aforesaid clans or tribes, have also agreed that if, 
in future, any life should be lost without malice intended, the innocent aggressor 
shall not be accounted guilty. 

Be it known, also. That should it happen that brother, forgetting his nat- 
ural affection, should raise his hand in anger and kill his brother, he shall be 
accounted guilty of murder and suffer accordingly, and if a man has a horse 
stolen, and overtakes the thief, and should his anger be so great as to cause 
him to kill him, let his blood remain on his own conscience, but no satisfaction 
shall be demanded for his life from his relatives or the clan he may belong to. 
By order of the seven clans. 


Speaker of the Council. 
Approved— BLACK FOX, Principal Chief, 

In the war between the United States and the Creeks in 18 14 a large body 
of Cherokees volunteered to assist the army led by Generals Andrew Jackson 
and John Colfie. Among the officers were Colonel John Lowry, Major 
George Lowry, Major Ridge, Major John Walker, Captain George Fields, 
Captain Alexander Sanders, Captain John Rogers, Adjutant John Ross and 
private Charles Reese. In the crucial battle of Horse Shoe Bend in which 
the Creeks were strongly barricaded behind cypress log ramparts and 
were holding their own against the frontal attacks, a detachment of 
Cherokees came up on the opposite side of the river, Charles Reese 
swam across and towed a canoe to his associates, the canoe load of warriors 
crossed the stream and each one got a canoe. In this manner the Cherokee?, 
landed in the hack part of the bend, attacked the Creeks from the rear. In 
attempting to repel this assault the Creeks so weakened their front that a 
breach was made nearly annihilating the belligerent Creek forces. From thai 
day Andrew Jackson became increasingly popular. Historians carefully re- 
frain from giving the Cherokees mention or credit for a part in this combat 
and Reese's family received a silver mounted rifle as acknowledgement for 
his actions, three years after his death. 

An act of the Cherokee Council that served as a substitute for a consti- 
tution was as follows: 

Whereas, fifty-four towns and villages have convened in order to delib- 
erate and consider on the situation of our Nation, in the disposition of our com- 
mon property of lands, without the unanimous consent of the members of 
Council, and in order to obviate the evil consequences resulting in such course, 
we have unanimously adopted the following form for the future government 
of our Nation. 

ART. 1st It is unanimously agreed that there shall be thirteen members 
elected as a Standing Committee for the term of two years, at the end of which 
term they shall be either re-elected or others; and in 'consequence of the death 


or resignation of any of said Committee, our head Chiefs shall elect another 
to fill the vacancy. 

ART. 2d. The affairs of the Cherokee Nation shall be committed to the 

care of the Standing Committee; hut the acts of this body shall not be binding 

on the Nation in our common property and without the unanimous consent 

of the members and Chiefs of the Council, which they shall present for their 

acceptance or dissent. 

ART. 3d. The authority and claim of our common property shall cease 
with the person or persons who shall think proper to remove themselves with- 
out the Cherokee Nation. 

ART. 4th. The improvements and labors of our people by the mother's 
side shall be inviolate during the time of their occupancy. 

ART. 5th. This Committee shall settle with the Agency for our annual 
stipend, and report their proceedings to the members and Chiefs in Council, 
but the friendly communications between our head Chiefs and the Agency shall 
remain free and open. 

ART. 6th. The above articles for our government, may be amended at 
our electoral term, and the Committee is hereby required to be governed by 
the above articles, and the Chief and Warriors in Council, unanimously pledge 
themselves to observe strictly the contents of the above articles. — Whereunto 
we have set our hands and seals at Amoah, this 6th day of May. one thousand 
eight hundred and seventeen. 

Approved in Council, on the day and date above written. 

Speaker of the Council 
Approved of the within government 1\\- the head Chief, 
A. McCoy, Sec'y to the Council. 

Unanimously agreed, That schoolmasters, blacksmiths, millers, salt petrc 
and gun powder manufacturers, ferrymen and turnpike keepers, and mechanics 
are hereby privileged to reside in the Cherokee Nation under the following 
conditions, viz: 

Their employers procuring a permit from the National Committee and 
Council for them and becoming responsible for their good conduct and be- 
havior, and subject to removal for misdemeanor; and further agree, that 
blacksmiths, millers, ferrymen and turnpike keepers, are privileged to improve, 
and cultivate twelve acres of ground for the support of themselves and fam- 
ilies, should they please to do so. 

JNO. ROSS, Pres't. Nat'l. Com. 
A. McCOY, Cl'k. Nat'l. Com. 

In Committee, New Town, Oct. 26th, ISIO. 

On July 8, 1817, a treaty was made with the United States, the main 
feature of which was the exchange of land east of the Mississippi for land in 
Arkansas, so that the Western Cherokees might have title to their homes. On 
February 27. 1919 another treaty was made confirming the treaty of 18 17 


and providing- for the basis of the Cherokee National school fund. The East- 
ern Cherokee Nation was divided into eight districts by: 

New Town, Cherokee Nation, October 20th. 1820. 

Resolved by the National Committee and Council, That the Cherokee 
Nation shall be laid off into eight districts, and that a council house shall be 
established in each district for the purpose of holding councils to administer 
justice in all causes and complaints that may be brought forward for trial, ana 
one circuit judge, to have jurisdiction over two districts, to associate with the 
district judges in determining all causes agreeable to the National laws, and 
the marshals to execute the decisions of the judges in their respective districts, 
and the District Councils to be held in the spring and fall seasons, and one 
company of lighthorse to accompany each circuit judge on his official duties, 
in his respective districts, and to execute such punishment on thieves as th?. 
Judges and Council shall decide, agreeably to law, and it shall be the duty 
of the marshals to collect all debts, and shall be entitled to eight per cent for 
the same; and the Nation to defray the expenses of each District Council, and 
in case of opposition to the marshals in execution of their duty, they shall be 
justifiable in protectingtheir persons from injury in the same manner as is pro- 
vided for the National lighthorse by law. 

By order of the National Committee. 

JNO. ROSS, Pres't. N. Com. 
Approved— PATH KILLER (X) his mark. 
A. McCOY, Clerk, 
and the undated act 

Resolved by the National Committee and Council, That the Cherokee 
Nation be organized and laid off in Districts, and to be bounded as follows: 

1st. The first District shall be called by the name of Chickamaugee, and 
be bounded as follows: beginning at the mouth of Aumuchee creek, on 
Oostennallah river, thence north in a straight course to a spring branch be- 
tween the Island and Rackoon village, thence a straight course over the Look- 
out Mountain, where the heads of Will's and Lookout creeks opposes against 
each other on the Blue Ridge, thence a straight course to the main source of 
Rackoon creek, and down the same into the Tennessee river, and up said 
river to the mouth of Ooletiwah creek, and up said creek to take the most 
southeastern fork, thence a southern course to the mouth of Sugar Creek, into 
the Cannasawgee river, and down the said river to its confluence with the 
Oostcnallah river, and down the same to the place of beginning. 

2d. The second District shall be called by the name of Challoogee, and 
be bounded as follows; beginning on the mouth of Rackoon creek, in the Ten- 
nessee River, and down the said river to the boundary line, commonly called 
Cofiee's line, and along said line where it strikes Will's Creek, and down the 
said creek to its confluence with the Coosa river, and thence embracing the 
boundary line between the Cherokees and Creeks, run by Wm. Mcintosh and 
other Cherokee Commissioners by their respective Nations, running south 
eastwardly to its intersection with Chinubee's trace, and along said trace lead- 


ing- castwardly by Avery Vann's place, inLiudiiig his plantation, and thence on 
said trace to where it crosses the Etowah river to its confluence with Oostan- 
nallah river, and up said river to the mouth of Aumuchee creek, and to be 
bounded by the first District. 

3d. The third District shall be called by the name of Coosawatee, and 
bounded as follows: beginning- at the widow Fool's ferry, on Ooostannallan 
river, where the Alabama road crosses it, along said wagon road eastwardly 
leading towards Etowah town to a large creek above Thomas Pettit's planta- 
tion, near to the Sixes, and said creek, northeastward, to its source; thence a 
straight course to the head of Talloney creek, up which the Federal road leads, 
thence a straight course to the Red Bank creek, near Cartikee village; thence 
a straight course to the head source of Potatoe Mine creek; thence a straight 
course to the most southern head source of Cannasawagee river; thence a 
northwestern course to Cannasawgee river, to strike opposite the mouth of 
Sugar Creek, into the Cannasawgee river, and to be bounded by the first ann 
second Districts. 

4th. The fourth District shall be called by the name of Amoah. and be 
the third District strikes the said source; thence eastwardly a straight course 
bounded as follows: beginning at the head source of Cannasawgee river, where 
to Spring Town, above Hiwassee Old Town; thence to the boundary line run 
by Col Houston, where it crosses Sloan creek; — thence westwardly along said 
line to the Hiwassee river; — thence down said river intn the Tennessee river, 
and down the same to the mouth of Oolatiwah creek, and to be bounded by 
the first and third Districts. 

5th. The fifth District shall be called by the name of Hickory Log, and 
shall be bounded as follows: beginning at the head of Potatoe Mine Creek, on 
the Blue Ridge to where Cheewostoyeh path crosses said ridge, and along said 
path to the head branch of Frog Town creek, and down the same to its con- 
fluence with Tahsantee; thence down Chestotee river; thence down the same 
into the Chattahoochee river; and down the same to the shallow wagon ford on 
said river; above the standing Peach Tree; thence westward along said wag"u 

road leading to Town to where it crosses Little river, a fork of the 

Etowah river, and down the same to its confluence with Etowah river, and 
down the same in a direct course to a large Creek, and up said creek to where 
the road crosses it to the opposite side, and to be bounded by the third District. 

6th. The sixth District shall be called by the name of Etowah, and be 
bounded as follows: beginning on the Chattahoochee river, at the shallow 
wagon ford on said river, and down the same to the Buzzard Roost, where the 
Creek and Cherokee boundary line intersects the said river; thence along said 
boundary line westward, to where it intersects Chinubees trace, and to be 
bounded by the fifth and third districts, leaving Thomas Pettit's family in 
Etowah District. 

7th. The seventh District shall be called by the name of Tahquohee, 
and be bounded as follows: beginning where Col. Houston's boundary line 
crosses Slare's creek, thence along said boundary line south-eastwardly, to 
the Unicoy turnpike road, and along said road to where it crosses the Hiwaseo 
river, in the Valley Towns; thence a straight course to head source of Coosa 


creek, on the Blue Ridge above Cheewostoyeh, and along said Ridge east- 
wardly, where the Unicoy turnpike road crosses it and thence a direct course 
to the head source of Persimon creek; thence down the same to the confluence 
of Tahsantee, and with the Frog Town creek; ar.d to be bounded by the third, 
the fourth and tifth Districts. 

8th. The eighth District shall be called by the name of Aquohee, and 
be bounded as follows: beginning where the seventh District intersects the 
Blue Ridge, where the Unicoy turnpike road crosses the same; thence east- 
wardly along said ridge to the Standing Man, to Col. Houston's boundary line, 
thence along said line to the confluence of Nauleyalee, and Little Tennessee 
river; thence down the same to Tallassee village, thence along said boundary 
line westwardly, to where it intersects the Unicoy turnpike road; and to be 
bounded by the Seventh District; and that each District shall hold their re- 
spective Councils or Courts, on the following days: 

The first Mondays in May and September, for Chicamaugee District; and 
on the 

First Mondays in May and September for Coosewatee District; and the 
Second Mondays in May and September, for Amoah District; and on the 
First Mondays in May and September, for Hickory Log District; and the 
Second Mondays in May and September, for Etowah District, and on the 
First Mondays in May and September for Aquohee District; and on the 
Second Mondays in May and September, for Tauquohee District; and 
each of the Councils or Courts shall sit five days for the transaction of busi- 
ness at each term. 

By order of the Committee and Council. 

The above act was passed before October 25, 1820, as other acts re- 
lating to the officers of the several districts were passed on that and subsequent 
dates. Gambling and drinking were restricted by 

New Town, Cherokee Nation, November 8th, 1822. 

Whereas, the great variety of vices emanating from dissipation, particu- 
larly from intoxication and gaming at cards, which are so prevalent at all 
public places, the National Committee and Council, seeking the true interest 
and happiness of their people, have maturely taken this growing evil into their 
serious consideration, and being fully convinced that no nation of people can 
prosper and flourish, or become magnanimous in character, the basis of whose 
laws are not found upon virtue and justice; therefore, to suppress, as much as 
possible, those demoralizing habits which were introduced by foreign agency, 

Resolved by the National Committee, That any person or persons, what- 
soever, who shall bring ardent spirits within three miles of the General Coun- 
cil House, or to any of the court houses within the several Districts during the 
general Council, or the sitting of the courts, and dispose of the same so as to 
hitoxicate any person or persons whatsoever, the person or persons so offend- 
ing, shall forfeit his or their whiskey, the same to be destroyed; and be it further 

Resolved, That gaming at cards is hereby strictly forbidden, and that an\ 
person or persons whomsoever, who shall game at cards in the Cherokee 


Nation, such person or persons, so offending, shall forfeit and pay a fine of 
twenty-five dollars, and further, any person or persons whatsoever, who mr.v 
or shall be found playing- cards at any house or camp, or in the woods within 
three miles of the general Council House, or any of the court houses of the 
several Districts during the session of the General Council, or setting of the 
District Courts, such person or persons, so offending, shall forfeit and pay a 
fine of fifty dollars each for every such offense, and that any person or persons 
whatsoever, who shall bring into the Cherokee Nation and dispose of playing 
cards, such person or persons, being convicted before any of the Judges, Mar- 
shals, or light horse, shall pay a fine of twenty-five dollars for every pack or 
cards so sold; and it shall be the duty of the several Judges, Marshals and light 
horse companies, to take cognizance of such offenses and to enforce the above 
resolution ; and 

And be it further resolved. That all fines collected from persons violating 
the above resolution, the money so collected shall be paid into the national 
treasury. To take effect and be in full force from and after the first day oi 
January next. 

By order of the National Committee. 

JNO. ROSS, Pres't. N. Com. 
Approved— PATH KILLER (X) his mark. 
A. McCOV, Clerk of Com. 
ELIJAH HICKS, clerk of Coun'l. 

Miscegenation was penalized by : 

New Town, Cherokee Nation. November 11th, 1824 

Resolved by the National Committee and Council, That intermarriages 
between negro slaves and Indians, or white, shall not be lawful, and any person 
or persons, permitting and approbating his, her or their negro slaves, to inter- 
marry with Indians or whites, he or she or they, so offending shall pay a tine of 
tifty dollars, one half for the benefit of the Cherokee Nation; and 

Be if further resolved, That any male Indian or white man marrying a 
negro woman slave, he or they shall be punished with fifty-nine stripes on the 
bare back, and any Indian or white woman, marrying a negro man slave, shaii 
be punished with twenty-five stripes on her or their bare back. 

By order of the National Committee. 

JNO. ROSS, Pres't. N. Com. 
Approved — PATH KILLER 'X) his mark. 
A. McCOY, Clerk of Com. 
ELIJAH HICKS, clerk of Coun'l. 

New Town, Cherokee Nation, November 11th, 1824 

Resolved by the National Committee and Council, That it shall not be 
lawful for negro slaves to possess property in horses, cattle or hogs, and that 
those slaves now possessing property of that description, be required to dispose 
of the same in twelve months from this date, under the penalty of confiscation. 


and any property so confiscated, shall be sold for the benefit of the Cherokee 

I3y order of the National Committee. 

JNO. ROSS, Pres't. N. Com. 
Approved— PATH KILLER (X) his mark. 
A. McCOY, clerk of Com. 

Another step towards a constitution was: 

For the better security of the common property of the Cherokee Nation, 
and for the protection of the rights and privileges of the Cherokee people, We, 
the undersigned members of the Committee and Council, in legislative Council 
convened, have established, and by these presents do hereby declare, the 
following articles as a fixed and irrevocable principle, by which the Cherokee 
Nation shall be governed. These articles may be amended or modified, by a 
concurrence of two-thirds of the members of the Committee and Council in 
legislative Council convened; viz: 

ART 1st. The lands within the sovereign limits of the Cherokee nation, 
as defined by treaties, are, and shall be, the common property of the Nation. 
The improvements made thereon and in the possession of the citizens of the 
Nation, are the exclusive and indefeasible property of the citizens respectively 
who made, or may rightfully be in possession of them. 

ART. 2d. The annuities arising from treaties with the U. States, and the 
revenue arising out of tax laws, shall be funded in the National Treasury, and 
be the public property of the Nation. 

ART. 3d. The legislative Council of the Nation shall alone possess the 
legal power to manage and dispose of, in any manner by law, the public prop- 
erty of the Nation, Provided, nothing shall be construed in this article, so as 
to extend that right and power to dispossess or divest the citizens of the Na- 
tion of their just rights to the houses, farms and other improvements in their 

ART. 4th. The Principal Chiefs of the Nation shall in no wise hold any 
treaties, or dispose of public property in any manner, without the express 
authority of the legislative Council in Session. 

ART. 5th. The members of Committee and Council, during the recess 
of the legislative Council, shall possess no authority or power to convene 
Councils in their respective districts, or to act officially on any matters, ex- 
cepting expressly authorized or delegated by the legislative Council in session. 

ART. 6th. The citizens of the Nation, possessing exclusive and indefeas- 
ible rights to their respective improvements, as expressed in the first article, 
shall possess no right or power to dispose of their improvements to citizens 
of the United States, under such penalties, as may be prescribed by law in such 

ART 7th. The several courts of justice in the Nation shall have no cog- 
nizance of any case transpiring previous to the organization of courts by law, 
and which case may have been acted upon by the chiefs in council, under the 
then existing custom and usage of the Nation, excepting there mav be an ex- 
press law embracing the case. 


ART 8th. The two Prhicipal Chiefs of the Nation, shall not, jointly or 
Separately, have the power of arresting the judgment of either of the courts 
or of the legal acts of the National Committee and Council, but that the judic- 
iary of the Nation shall be independent and their decisions final and conclusive, 
Provided, always, That they act in conformity to the foregoing principles or 
articles, and the acknowledged laws of the Nation. 

Done in Legislative Council, at New Town, this l5th day of June, 182 5. 
JNO. ROSS. Pres't. N. Com. 
MAJOR RIDGE, Speaker of Council, 
Approved — PATH KILLER (X) his mark. 
New Echota was established as the capital by the four following acts: 

New Town, Cherokee Nation, November 12th 1825. 

Resolved by the National Committee and Council, That one hundred 
town lots, of one acre square, be laid off on the Oostenallah river, commencing 
below the mouth of the creek, nearly opposite the mouth of Caunausauga river. 
The public square to embrace two acres of ground, which town shall be known 
and called Echota; there shall be a main street of sixty feet and the other 
streets shall be fifty feet wide. 

Be it further resolved. That the lots, when laid off, be sold to the highest 
bidder. The purchasers right shall merely be occupancy, and transferrable 
only to lawful citizens of the Cherokee Nation, and the proceeds arising from 
the sales of the lots shall be appropriated for the benefit of the public buildings 
in said town; and 

Be it further resolved. That three commissioners be appointed to super 
intend the laying off the aforesaid lots, marking and numbering the same, and 
to act as chain carrier, and a surveyor to be employed to run off the lots and 
streets according to the plan prescribed. The lots to be commenced running 
off on the second Monday in February ne.\t, and all the ground lying within 
the following bounds, not embraced by the lots, shall remain vacant as com- 
mons for the convenience of the town; viz: beginning at the mouth of Caun- 
ausauga, and up said creek to the mouth of the dry branch to the point of 
the ridges, and thence in a circle round along said ridges, by the place oc- 
cupied by Crying Wolf, thence to the river. 

JNO. ROSS, Pres't. N. Com. 
MAJOR RIDGE, Speaker. 
Approved — PATH KILLER, (.\) his mark. 
A. McCOY, clerk of Com. 
E. BOUDINOTT, Clerk N. Council. 

New Town, Cherokee Nation, November 12th. 1825 

Judge Martin, George Saunders and Waller S. .A.dair, are elected com- 
missioners to superintend the laying off the lots in the town of Echota. 

By order. JNO. ROSS, Pres't N. Com. 

A. McCOY, clerk of Com. 


Echota, Cherokee Nation, November 12th. 1825. 

The subject of improvements made, and now occupied by individuals, on 
the public ground selected for the jurisdiction of the town of Echota, have been 
taken up by the National Committee. The question arising- is, whether the 
Nation is bound to pay for any such improvements made by individuals since 
the site has been selected by the Nation for the establishment of a town as the 
seat of government. The decision of the Committee on this question is, that 
the Nation is not bound to make compensation for any such improvements, 
but in order to extend indulgence toward Alex. McCoy and E. Hicks, who are 
now within said bounds, and are in possession of dwelling houses of some 
value, it is hereby agreed and 

Resolved by the National Committee and Council, That should the dwell- 
ing houses of the aforesaid McCoy and Hicks fall with lots which are to be laid 
off, they shall have the preference of occupancy to said lots. Provided they pay 
for the same at the rate which any other lot of equal value and advantageously 
situated may sell for; it is further agreed and admitted, that the improvement 
lately occupied by War Club, and the one now in the possession of Crying 
Wolf shall be paid for at the public expense; agreeably to the valuation made 
by W. Hicks, Geo. Saunders and Jos. Crutchfield. 

JNO. ROSS, Pres't. N. Com. 
MAJOR RIDGE, Speaker. 
Approved— PATH KILLER (X) his mark. 
A. McCOY, clerk Com. 
E. BOUDINOTT, Clerk N. Council. 

Echota, Cherokee Nation, November 14th, 1825. 

Alexander McCoy is hereby authorized and permitted to cultivate and 
raise a crop the ensuing year, in the field lying on the river below the ferry, and 
also the one lately owned by the War Club, on the river below the mouth ot 
the spring branch, which improvements belong to the public, and lie within the 
town of Echota; Provided, said McCoy does not suffer the stakes to be re- 
moved which are to separate the town lots, to be laid off in said fields, and that 
said McCoy surrender possession of those fields to the public on or before the 
second Monday in October next. 

JNO. ROSS, Pres't. N. Com. 
MAJOR RIDGE, Speaker. 
Approved— PATH KILLER (X) his mark. 
A. McCOY, clerk Com. 
E. BOUDINOTT, clerk Coun'l. 

Provisions were made for the selection of delegates for a constitutional 
convention by: 

Whereas, the General Council of the Cherokee Nation, now in session. 
havmg taken into consideration the subject of adopting a constitution for the 
future Government of said Nation, and after mature deliberation, it is deemed 
expedient that a Convention be called, and in order that the wishes of the pec- 


pie of the several Districts may be fairly represented on this all important sub- 

It is hereby resolved by the National Committee and Council, That the 
persons hereinafter named be, and they are hereby nominated and recom- 
mended to the people of their respective districts as candidates to run an 
election for seals in the Convention; and three out of the ten in each District 
who shall get the highest number of votes shall be elected; and for the con- 
venience of the people in giving- their votes, three precincts in each District 
are selected, and superintendents and clerks to the election are chosen; and 
no person but a free male citizen who is full grown shall be entitled to a vote; 
and each voter shall be entitled to vote for three of the candidates herein 
nominated in their respective Districts, and no vote by proxy shall be admitted; 
and that all the votes shall be given in viva voce; and in case of death, sickness 
or other incident which may occur to prevent all or any of the superintendents 
from attending at the several precincts to which they are chosen, the people 
of the respective precincts shall make a selection to fill such vacancies. And 
in case of similar incident occurring to any of the members elect, the person 
receiving the next highest number of votes shall supply the vacancy. 

In Chicamauga District, John Ross, Richard Taylor, John Baldridge, Jas 
Brown, Sleeping Rabbit, John Benge, Nathaniel Hicks, Sicketowee, Jas. Starr 
and Daniel McCoy, are nominated and recommended as candidates; and the 
election in the first precinct shall be held at or near Hick's mill, and Charles 
R. Hicks, and Archibald Fields, are chosen superintendents, and Leonard Hicks, 
clerk. The election in the second precinct shall be held at or near Hunter 
Langley's in Lookout Valley, and James Lowrey and Robert Vann are chosen 
superintendents, and John Candy, clerk. The election in the third precinct 
shall be held in the Court House, and Joseph Coodey and William S. Coodey, 
are chosen superintendents and Robert Fields, Clerk. 

In Chattanooga District, George Lowrey, Samuel Gunter, Andrew Ross, 
David Vann, David Brown, Spirit, The Bark, Salecooke, Edward Gunter and 
John Brown, are nominated and recommended as candidates; and the election 
in the first precinct in this District shall be held at or near Edward Gunter': 
school house in Creek Path valley, and Alexander Gilhreath and Dempsey 
Fields are chosen superintendents, and John Gunter, clerk. The election in 
the second precinct shall be held at or near Laugh at Mush's house, in Wills 
valley, and William Chamberlin and Martin Mcintosh are chosen superintend- 
ents and George Lowrey, Jr., clerk. The election in the third precinct shall 
De held at the court house, and Charles Vann and James M'lntosh are chosen 
superintendents, and Thomas Wilson, clerk. 

In Coosawaytee District, John Martin, W. S. Adair, Elias Boudinott, Jo- 
seph Vann, John Ridge, William Hicks, Elijah Hicks, John Saunders, Kele- 
chulah and Alex McCoy, are nominated and recommended as candidates. The 
election in the first precinct in this District shall be held at or near William 
Hick's house on Ooukillokee creek, and Edward Adair and G. W. Adair are 
chosen superintendents and Stand Watie, clerk. The election in the second 


precinct shall be held at Elechaye, and George Saunders and Robert Saunders, 
are chosen superintendents, and James Saunders, clerk. The election in the 
third precinct shall be held at the court house, and George Harlin and William 
Thompson are chosen superintendents, and Jos. M. Lynch, clerk 

In Amohee District, The Hair, Lewis Ross, Thos. Foreman, John Walker, 
Jr., Going Snake, George Fields, James Bigbey, Deer-in-water, John M'Intosh, 
and Thomas Fields are nominated and recommended as candidates. The elec- 
tion in the first precinct in this District shall be held at or near Kalso wee's 
house at Long Savannah, and Wm. Blythe and John Fields, are chosen superin 
tendents and Ezekiel Fields, clerk. The election in the second precinct shall 
be held at or near Bridge Maker's house, at Ahmohee Town, and Ezekiel Starr 
and Michael Helterbrand, are chosen superintendents, and James M'Nair, clerk. 
The election in the third precinct shall be held at the court house, and David 
M'Nair and James M 'Daniel, are chosen superintendents and T. W. Ross, clerk. 

In Hickory Log District, James Daniel, George Still, Woman Killer, 
Robert Rogers, Moses Harris, John Duncan, Moses Downing, George Ward, 
Tahquoh, and Sam Downing, are nominated and recommended as candidates. 
The election in the first precinct in this District, shall be held at or near George 
Welch's house, at the Cross Roads, and A. Hutson and E. Duncan, are chosen 
superintendents, and Joshua Buffington, Clerk. The election in the second 
precinct shall be held at or near Big Savannah, and John Downing and E. 
M'Laughlin, are chosen superintendents, and John Daniel, clerk. The elec- 
tion in the third precinct shall be held at the court house, and John Wright and 
Ellis Harlin, are chosen superintendents, and Moses Daniel, clerk. 

In Hightower District, George M. Waters, Joseph Vann, Alexander Saun 
ders, John Beamer, Walking Stick. Richard Rowe, The Feather, Old Field. 
Te-nah-la-wee-stah, and Thomas Pettit, are nominated and recommended as 
candidates. The election in the first precinct in this District shall be held at or 
near the Old Turkey's house, and Tahchi-see and John Harris, are chosen 
superintendents, and John Sanders, clerk. The election in the third precinct 
shall be held at th^ court house. ;ind Charles Moore and W. Thompson, are 
chosen superintendents, and Joseph Phillips, clerk 

In Tahquohee District, Chuwalookee, George Owen, Too-nah-na-lah, 
Wm. Bowlin, Chips, Ooclen-not-tah. Soo-wa-keee, Sour John, The Tough, and 
Charles, are nominated and recommended as candidates. The election in the 
first precinct in this District, shall be held at or near Nahtahyalee, and A. M' 
Daniel and Metoy, are chosen superintendents, and Thomas, clerk. The elec- 
tion in the second precinct shall be held at or near The Spirit's house, and 
Benjamin Timson and Edward Timson, are chosen superintendents, and J. D. 
Wofford, clerk. 

In Aquohee District, Sitewake, Bald Town George, Richard Walker, John 
Timson, Allbone, Robin, (Judge Walker's son-in-law) Ahtoheeskee, Kunsenee, 
Samuel Ward, and KalkaHoskee, are nominated and recommended as candi- 
dates.^ The election in the first precinct in this District, shall be held at or 
near Tasquittee, and Thompson and Dick Downin?;, are chosen superintend- 
ents, and William Reid, clerk. The election in the second precinct shall be 
held at or near Samuel Ward's house, and Isaac Tucker and John Bighead, 


are chosen superintendents, and David England, clerk. The election at the 
third precinct shall be held at the court house, and Whirlwind and Bear Con- 
jurer, are chosen superintendents, and Rev. E. Jones, clerk. 

Be it further resolved, That the election at the several places herein se- 
lected for each District, shall be held on the Saturday previous to the com- 
mencement of the Courts for May Term next, and a return of all the votes 
o'iven shall be made to the superintendents of the election at the court house 
on the Monday following, being the first day of court, with a certificate of the 
polls, signed by the superintendents and clerks, and after all the votes being 
collected and rendered in, the three candidates having the highest number of 
votes shall be duly elected, and the superintendents and clerks at the court 
house, shall give to each of the members elected a certificate. And in case 
there shall be an equal number of votes between any of the third candidates, 
the members of the Convention shall give them the casting vote, and that the 
superintendents shall, before entering upon their duties, take an oath for the 
faithful performance of their trusts: and that the members so elected shall, on 
the 4th day of July next, meet at Echota and form a convention, and proceed 
to adopt a Constitution for the Government of the Cherokee Nation. 

Be it further resolved, That the principles which shall be established in 
the Constitution, to be adopted by the Convention, shall not in any degree go 
to destroy the rights and liberties of the free citizens of this Nation, nor to 
effect or impair the fundamental principles and laws, by which the Nation is 
now governed, and that the General Council to be convened jn the fall of 
1827 shall be held under the present existing authorities; Provided neverthe- 
less, that nothing shall be so construed in this last clause so as to invalidate 
or prevent the Constitution, adopted by the Convention, from going into effect 
after the aforesaid next General Council. 

New Echota, l3th October, 1826. 

JNO. ROSS, Pres't. N. Com. 
MAJOR RIDGE, Speaker. 
Approved— PATH KILLER (X) his mark. 



From au old painting 



Convention of Delegates, Constitution is Adopted 

The elected delegates met and formed the following constitution: 


Formed by a Convention of Delegates From the Several Districts, at New 

Echota, July, 1827 

We, the Representatives of the people of the Cherokee Nation, in Con- 
vention assembled, in order to establish justice, ensure tranquility, promote 
our common welfare, and secure to ourselves and our posterity the blessings of 
liberty; acknowledging with humility and gratitude the goodness of the sover- 
eign Ruler of the Universe, in offering us an opportunity so favorable to the 
design, and imploring His aid and direction in its accomplishment, do ordain 
and establish this Constitution for the Government of the Cherokee Nation. 

Article 1. — Sec. 1. — The boundaries of this Nation, embracing the lands 
solemnly guaranteed and reserved forever to the Cherokee Nation by the 
Treaties concluded with the United States, are as follows, and shall forever 
hereafter remain unalterably the same, to-wit: 

Beginning on ihe north bank of Tennessee river at the upper part of the 
Chickasaw old field, thence along the main channel of said river, including all 
the islands therein, to the mouth of the Hiwassee river, thence up the main 
channel of said river, including islands, to the first hill which closes in on said 
river about two miles above Hiwassee Old Town, thence along the ridge which 
divides the waters of the Hiwassee and Little Tillico, to the Tennesse river 
at Tallassee, thence along the main channel, including islands, to the junction 
of the Cowee and Nanteyalee, thence along the ridge in the fork of said river, 
to the top of the blue ridge, thence along the blue ridge to the Unicoy Turnpike 
road, thence by a straight line to the main source of the Chestatee, thence 
along its main channel, including islands, to the Chattahoochy, and thence 
down the same to the Creek boundary at Buzzard Roost, thence along the 
boundary line which separates this and the Creek Nation, to a point on the 
Coosa river opposite the mouth of Wills Creek, thence down along the south 
bank of the same to a point opposite Fort Strother, thence up the river to the 
mouth of Wills Creek, thence up along the east bank of said creek to the west 
branch thereof, and up the same to its source, and thence along the ridge which 
separates the Tombeccee and Tennessee waters to a point on the top of said 
ridge, thence due north to Camp Coffee on Tennessee river, which is opposite 
the Chickasaw Island, thence to the place of beginning. 

Sec. 2 — The sovereignty and Jurisdiction of this Government shall ex- 
tend over the country within the boundaries above described, and the lands 
therein are, and shall remain, the common property of the Nation; but the im- 
provements made thereon, and in the possession of the citizens of the Nation, 
are the exclusive and indefeasible property of the citizens respectively who 
made; or may rightfully be in possession of them; Provided ,that the citizens 
of the Nation, possessing exclusive and indefeasible right to their respective 


improvements, as expressed in this article, shall possess no right nor power to 
dispose of their improvements in any manner whatever to the United States, 
rndividual states, nor individual citizens thereof; and that whenever any such 
citizen or citizens shall remove with their effects out of the limits of this Nation, 
and become citizens of any other Goverment, all their rights and privileges 
as citizens of this Nation shall cease; Provided nevertheless. That the Legislat- 
ure shall have power to re-admit by law to all the rights of citizenship, any 
such person or persons, who may at any time desire to return to the Nation on 
their memorializing the General Council for such readmission. Moreover, the 
Legislature shall have power to adopt such laws and regulations, as its wisdom 
may deem expedient and proper, to prevent the citizens from monopolizing 
improvements with the view of speculation. 

Article 11. — Sec. 1. — The power of this government shall be divided into 
three distinct departments; the Legislative, the Executive, and Judicial. 

Sec. 2 — No person or persons belonging to one of these Departments 
shall exercise any of the powers properly belonging to either of the others, ex- 
cept in the cases hereinafter expressly directed or permitted. 

ARTICLE III — Sec. 1. — The Legislative power shall be vested in two 
distinct branches; a Committee and a Council, each to have a negative on the 
other, and both to be styled the General Council of the Cherokee Nation; and 
the style of their acts and laws shall be. 

"Resolved by the Committee and Council, in General Council convened.' 

Sec. 2. The Cherokee Nation, as laid off into eight Districts, shall so 

Sec. 3 — The Committee shall consist of two members from each District, 
and the Council shall consist of three members from each District, to be chosen 
by the qualified electors of their respective Districts, for two years; and the 
elections to be held in every District on the First JMonday in August for the 
year 1828, and every succeeding two years thereafter; and the General Coun- 
cil shall be held once a year, to be convened on the second Monday of October 
in each year, at New Echota. 

Sec. 4 — No perosn shall be eligible to a seat in the General Council, but 
a free Cherokee male citizen, who shall have attained the age of twenty-five 
years. The descendants of Cherokee men by all free women, except the 
African race, whose parents may have been living together as man and wife, 
according to the customs and laws of this Nation, shall be entitled to all the 
rights and privileges of this nation, as well as the posterity of Cherokee women 
by all free men. No person who is of negro or mulatto parentage, either by 
the father or mother side, shall be eligible to hold any office of profit, honor 
or trust under this Government. 

Sec. 5— The electors and members of the General Council shall, in ail 
cases except those of treason, felony, or breach of the peace, be privileged 
from arrest during their attendance at election, and at the General Council, 
and m going to, and returning from the same. 

Sec. 6— In all elections by the people, the electors shall vote viva voce. 
Electors for members to the General Council for 1828, shall be held at the 


places of holding; the several courts, and at the other two precincts in each 
District which are designated by the law under which the members of this 
Convention were elected; and the District Judges shall superintend the elec- 
tions within the pricincts of their respective Court Houses, and the Marshals 
and Sheriffs shall superintend within the precincts which may be assigned them 
by the Circuit Judges of their respective Districts, together with one other per- 
son who shall be appointed by the Circuit Judges for each precinct within their 
respective Districts; and the Circuit Judges shall also appoint a clerk to each 
precinct. — The superintendents and clerks shall, on the Wednesday morning- 
succeeding the election, assemble at their respective Court Houses and proceed 
to examine and ascertain the true state of the polls, and shall issue to each 
member, duly elected, a certificate, and also make an official return of the 
state of the polls of election to the Principal Chief, and it shall be the duty of 
the Sheriffs to deliver the same to the Executive; Provided nevertheless, The 
General Council shall have power after the election of 1828, to regulate by 
law the precincts and superintendents and clerks of elections in the several Dis- 

Sec. 7. — All free male citizens, (excepting negroes and descendants of 
white and Indian men by negro women who may have been set free,) who 
shall have attained to the age of eighteen years, shall be equally entitled t>» 
vote at all public elections. 

Sec. 8. — Each house of the General Council shall judge of the qualifica- 
tions and returns of its own members. 

Sec. 9 — Each house of the General Council may determ'ine the rules of 
its proceedings, punish a member for disorderly behavior, and with the con- 
currence of two thirds, expel a member; but not a second time for the same 

Sec. 10 — Each house of the General Council, when assembled shall 
choose its own officers; a majority of each house shall constitute a quorum to 
do business, but a smaller number may adjourn from day to day and compel 
the attendance of absent members in such manner and under such penalty as 
each house may prescribe. 

Sec. 1 1. — The members of the Committee shall each receive from the 
public Treasury a compensation for their services which shall be two dollars 
and fifty cents per day during their attendance at the General Council; and 
the members of the Council shall each receive two dollars per day for their 
services during their attendance at the General Council: — Provided, that the 
same may be increased or diminished by law, but no alteration shall make 
et^ect during the period of service of the members of the General Council, by 
whom such alteration shall have been made. 

Sec. 12. — The General Council shall regulate by law, by whom and in 
what manner, writs of elections shall be issued to till the vacancies which may 
happen in either branch thereof. 

Sec. 13. — Each member of the General Council before he takes his seat 
shall take the following oath or affirmation, to-wit : 

"1, A. B., do solemnly swear, (or affirm, as the case may be,) that 1 


have not obtained my election by bribery, treats or any undue and unlawful 
means used by myself, or others by my desire or approbation, for that pur- 
pose; that I consider myself constitutionally qualified as a member of 
and that, on all questions and measures which may come before me, I will so 
give my vote, and so conduct myself, as may in my judgment, appear most 
conducive to the interest and prosperity of this Nation; and that 1 will bear 
true faith and allegiance to the same; and to the utmost of my ability and 
power observe, conform to, support and defend the Constitution thereof." 

Sec. 14. — No person who may be convicted of felony before any court 
of this Nation, shall be eligible to any office or appointment of honor, protit 
or trust within this Nation. 

Sec. 15. — The General Council shall have power to make all laws and 
regulations, which they shall deem necessary and proper for the good of the 
Nation, which shall not be contrary to this Constitution. 

Sec. 16. — It shall be the duty of the General Council to pass such laws 
as may be necessary and proper, to decide differences by arbitrators to be ap- 
pointed by the parties, who may choose that summary mode of adjustment. 

Sec. 17. — No power of suspending the laws of this Nation shall be ex- 
ercised, unless by the Legislature or its authority. 

Sec. 1 8. — No retrospective law, nor any law, impairing the obligations 
of contracts shall be passed. 

Sec. 19. — The legislature shall have power to make laws for laying and 
collecting taxes, for the purpose of raising a revenue. 

Sec. 20. — All bills making appropriations shall originate in the Com- 
mittee, hut the Council may propose amendments or reject the same. 

Sec. 21. — All other bills may originate in either house, subject to the 
concurrence of rejection of the other. 

Sec. 22. — All acknowledged Treaties shall be the Supreme law of the 

Sec. 2 3. — The Genera! Council shall have the sole power of deciding on 
the construction of all Treaty stipulations. 

Sec. 24. — The Council shall have the sole power of impeaching. 

Sec. 25. — Any impeachments shall be tried by the Committee; — when 
sitting for that purpose, the members shall be upon oath or affirmation; and 
no person shall be convicted without the concurrence of two thirds of the 
members present. 

Sec. 26. — The Principal Chief, assistant principal Chief, and all civil 
officers, under this Nation, shall be liable to impeachment for any misdemean- 
or in office, but Judgment, in such cases, shall not extend further than re- 
moval from office, and disqualification to hold any office of honor, trust or 
profit, under this Nation. The party whether convicted or acquitted, shall 
nevertheless, be liable to indictment, trial, judgment and punishment, accord- 
ing to law. 

ARTICLE IV.— Sec. 1. The Supreme Executive Power of this Nation 
shall be vested in a Principal Chief, who shall be chosen by the General Coun- 
cil, and shall hold his office four years; to be elected as follows,— The General 


Council by a joint vote, shall, at their second annual session, after the rising 
of this Convention, and at every fourth annual session thereafter, on the 
second day after the House shall be organized, and competent to proceed to 
business, elect a Principal Chief. 

Sec. 2. — No person, except a natural born citizen, shall be eligible to 
the office of Principal Chief; neither shall any person be eligible to that of- 
fice, who shall not have attained to the age of thirty-five years. 

Sec. 3. — There shall also be chosen at the same time, by the General 
Council, in the same manner for four years, an assistant Principal Chief. 

Sec. 4. — In case of the removal of the Principal Chief from office, or his 
death, resignation, or inability to discharge the powers and duties of the said 
office, the same shall devolve on the assistant principal Chief, until the inabil- 
ity be removed, or "the vacancy filled by the General Council. 

Sec. 5. — The General Council may, by law, provide for the case of re- 
moval, death, resignation or inability of both the Principal and assistant Prin- 
cipal Chiefs, declaring what officer shall then act as Principal Chief, until the 
disability be removed, or a Principal Chief shall be elected. 

Sec. 6. — The Principal Chief, shall, at stated times, receive for their ser- 
vices, — a compensation — which shall neither be increased nor diminished dur- 
ing the period for which they shall have been elected; and they shall not re 
ceive, within that period, any other emolument from the Cherokee Nation, or 
any other government. 

Sec. 7. — Before the Principal Chief enters on the execution of his office, 
he shall take the following oath, or affirmation; "1 do solemnly swear (or af- 
firm) that 1 will faithfully execute the office of Principal Chief of the Chero- 
kee Nation, and will; to the best of my ability, preserve, protect and defend, 
the Constitution of the Cherokee Nation." 

Sec. 8. — He may, on extraordinary occasions, convene the General 
Council at the Seat of Government. 

Sec. 9. — He shall from time to time give to the General Council infor- 
mation of the State of the Government, and recommend to their considera- 
tion such measures as he may think expedient. 

Sec. 10. — He shall take care that the laws be faithfully executed. 

Sec. 1 1. — It shall be his duty to visit the different districts, at least once 
in two years, to inform himself of the general condition of the Country. 

Sec. 12. — The assistant Principal Chief shall, by virtue of his office, aid 
and advise the Principal Chief in the Administration of the Government, at all 
times during his continuance in office. 

Sec. 13. — Vacancies that may happen in offices, the appointment of 
which is vested in the General Council, shall be filled by the Principal Chief, 
during the recess of the General Council, by granting Commissions which shall 
expire at the end of the Session. 

Sec. 14. — Every Bill which shall have passed both Houses of the Gen- 
eral Council, shall, before it becomes a law, be presented to the Principal 
Chief of the Cherokee Nation. If he approves, he shall sign it, but if not, he 


shall return it, with his objections, to that house in which it shall have origin- 
ated, who shall enter the objections at large on their journals, and proceed to 
reconsider it. If, after such reconsideration, two thirds of that House shall 
agree to pass the bill, it shall be sent, together with the objections, to the 
other house, by which it shall likewise be reconsidered, and if approved by 
two thirds of that house, it shall become a law. If any bill shall not be re- 
turned by the Principal Chief within five days (Sundays excepted) after it 
shall have been presented to him, the same shall be a law, in like manner as 
if he signed it; unless the General Council by their adjournment prevent its 
return, in which case it shall be a law, unless sent back within three days after 
their next meeting. 

Sec. 15. — Members of the General Council and all oftlcers. Executive 
and Judicial, shall be bound by oath to support the Constitution of this Na- 
tion, and to perform the duties of their respective offices with fidelity. 

Sec. 16. — In case of disagreement between the two houses with respect 
to the time of adjournment, the Principal Chief shall have the power to ad- 
journ the General Council to such a time as he thinks proper, provided, it 
be not to a period beyond the next Constitutional meeting of the same. 

Sec. 1 7. — The Principal Chief shall, during the sitting of the General 
Council, attend to the Seat of Government. 

Sec. 18. — There shall be a Council to consist of three men to be ap- 
pointed by the joint vote of both Houses, to advise the Principal Chief in 
the Executive part of the Government, whom the Principal Chief shall have 
full power, at his descretion, to assemble; and he, together with the assistant 
Principal Chief, and the Counsellors, or a majority of them may, from time 
to time, hold and keep a Council for ordering and directing the atfairs of the 
Nation according to law. 

Sec. 10. — The members of the Council shall be chosen for the term of 
one year. 

Sec. 20. — The resolutions and advice of the Council shall be recorded 
in a register and signed by the members agreeing thereto, which may be call- 
ed for by either house of the General Council; and any counsellor may enter 
his dissent to the resolution of the majority. 

Sec. 2 1. — The Treasurer of the Cherokee Nation shall be chosen by 
the joint vote of both Houses of the General Council for the term of two 

Sec. 22. — The Treasurer shall, before entering on the duties of his 
office, give bond to the Nation with sureties to the satisfaction of the Legis- 
lature, for the faithful discharge of his trust. 

Sec. 2 3. — No money shall be drawn from the Treasury, but by warrant 
from the Principal Chief, and in consequence of appropriations made by law. 

Sec. 25.— It shall be the duty of the Treasurer to receive all public 
monies, and to make a regular statement and account of the receipts and ex- 
penditures of all public monies at the annual Session of the General Council. 

ARTICLE v.— Sec. 1.— The Judicial Powers shall be vested in a Su- 
preme Court, and such Circuit and Inferior Courts, as the General Council 


may, from time to time ordain and establish. 

Sec. 2. — The Supreme Court shall consist of three Judges, any two of 
whom shall be a quorum. 

Sec. 3. — The Judges of each shall hold their Commissions for four years, 
but any of them may be removed from office on the address of two thirds of 
each house of the General Council to the Principal Chief, for that purpose. 

Sec. 4. — The Judges of the Supreme and Circuit Courts shall, at stated 
times, receive a compensation, which shall not be diminished during their con- 
tinuance in office, but they shall receive no fees or perquisites of oftice, nor 
hold any other office of profit or any other power. 

Sec. 5. — No person shall be appointed a Judge of any of the Courts be- 
fore he shall have attained to the age of thirty years, nor shall any person 
continue to execute the duties of any of the said offices after he shall have 
attained to the age of seventy years. 

Sec. 6. — The Judges of the Supreme and Circuit Courts shall be appoint- 
ed by a joint vote of both houses of the General Council. 

Sc. 7. — There shall be appointed in each District, under the Legislative 
authority, as many Justices of the Peace as it may be deemed the public good 
requires, whose powers, duties and duration in office, shall be clearly desig- 

Sec. 8. — The Judges of the Supreme Court and Circuit Courts shall 
have complete criminal Jurisdiction in such cases and in such manner as may 
be pointed out by law. 

Sec. 9. — Each Court shall choose its own Clerks for the term of four 
years; but such Clerks shall not continue in oftice unless their qualifications 
shall be adjudged and approved of by the Judges of the Supreme Court, and 
they shall be removable for breach of good behaviour at any time, by the 
Judges of their respective courts. 

Sec. 10. — No Judge shall sit on trial of any cause, where the parties 
shall be connected with him by atfinity or consanguinity, except by consent 
of the parties. In case all the Judges of the Supreme Court shall be inter- 
ested in the event of any cause, or related to all, or either of the parties, the 
Legislature may provide by law for the selection of three men of good char- 
acter and knowledge, for the determination thereof, who shall be especially 
commissioned by the Principal Chief for the case. 

Sec. 1 1. — .All writs and other process shall run in the name of the Chero- 
kee Nation, and bear test, and be signed by the respective clerks. 

Sec. 12. — Indictments shall Cduclude, ''against the peace imd dignity of 
the Cherokee Nation." 

Sec. 1 1. — The Supreme Court shall hold its session annually at the 
seat of Government to be convened on the second MoTiday of October in 
each year. 

Sec. 14. — In all criminal prosecutions, the accused shall have the right 
of being heard, of demanding the nature and cause of the accusation against 
him, of meeting the witnesses face to face, of having compulsory process for 
obtaining witnesses in his favor; and in prosecutions by indictment or infor- 


mation, a speedy public trial by an impartial jury of the vicinage; nor shall 
he be compelled to give evidence against himself. 

Sec. 15.— The people shall be secure in their persons, houses, papers 
and possessions, from unreasonable seizures and searches, and no warrants to 
search any place or to seize any person or things, shall be issued without des- 
cribing them as nearly as may be, nor without good cause, supported by oath, 
or afi'irmation. All prisoners shall be bailable by sufficient security unless for 
capital offenses, where the proof is evident, or presumption great. 

ARTICLE VI. — Sec. 1. — Whereas, the ministers of the Gospel are, by 
their profession, dedicated to the service of God and the care of souls, and 
ought not to be diverted from the great duty of their function, therefore, no 
minister of the Gospel, or public preacher of any religious persuasion, whilst 
he continues in the exercise of his pastoral functions, shall be eligible to the 
office of Principal Chief, or a seat in either house of the General Council. 

Sec. 2. — No person who denies the being of a God, or a future state of 
rewards and punishment, shall hold any office in the civil department of this 

Sec. 3. — The free exercise of religious worship, and serving God without 
distinction shall forever be allowed within this Nation; Provided, That this lib- 
erty of conscience shall not be so constructed as to excuse acts of licentiousness, 
or justify practices inconsistent with the peace or safety of this Nation. 

Sec. 4. — Whenever the General Council shall determine the expediency 
of appointing delegates or other Agents for the purpose of transacting business 
with the Government of the United States; the power to recommend, and by 
the advice and consent of the Committee, shall appoint and commission such 
delegates or public agents accordingly, and all matters of interest touching the 
rights of the citizens of this Nation, which may require the attention of the 
government of the United States, the Principal Chief shall keep up a friendly 
correspondence with that Government, through the medium of its proper of- 

Sec. 5. — All commissions shall be in the name and by the authority of 
the Cherokee Nation, and be sealed with the seal of the Nation, and signed 
by the Principal Chief. 

The Principal Chief shall make use of his private seal until a National 
seal shall be provided. 

Sec. 6. — A Sheritl" shall be elected in each District by the qualified elec- 
tors thereof, who shall hold his office for the term of two years, unless sooner 
removed. Should a vacancy occur subsequent to an election, it shall be fill- 
ed by the Principal Chief as in other cases, and the person so appointed shall 
continue in office until the next general election, when such vacancy shall he 
filled by the qualified electors, and the Sheriff then elected shall continue in 
office for two years. 

Sec. 7. — There shall be a Marshal appointed by a joint vote of both 
houses of the General Council, for the term of four years, whose compensation 
and duties shall be regulated by law, and whose jurisdiction shall extend over 
the Cherokee Nation. 


Sec. 8. — No person shall for the same offense be twice put in jeopardy 
of life or limb, nor shall any person's property be taken or applied to public 
use without his consent; Provided, That nothing in this clause shall be so con- 
strued as to impair the right and power of the General Council to lay and col- 
lect taxes. All courts shall be open, and every person for an injury done him 
in his property, person or reputation, shall have remedy by due course of law. 

Sec. 9 — The right of trial by jury shall remain inviolate. 

Sec. 10 — Religion, morality and knowledge being necessary to good gov- 
ernment, the preservation of Liberty, and the happiness of mankind, schools 
and the means of education shall forever be encouraged in this Nation. 

Sec. 1 ! — The appointment of all officers, not otherwise directed by 
this Constitution shall be vested in the Legislature. 

Sec. 1 2 — All laws in force in this nation at the passing of this Con- 
stitution, shall so continue until altered or repealed by the Legislature, ex- 
cept where they are temporary, in which case they shall expire at the times 
respectively limited for their duration; if not continued by an act of the 

Sec. 13 — The General Council may at any time propose such amend- 
ments to this Constitution as two-thirds of each house shall deem exped- 
ient; and the Principal Chief shall issue a proclamation, directing all the 
civil officers of the several Districts to promulgate the same as extensively 
as possible within their respective Districts, at least nine months previous 
to the next general election, and if at the first session of the General Council 
after such general election, two thirds of each house shall, by yeas and nays, 
ratify such proposed amendments they shall be valid to all intents and pur- 
poses, as part of the Constitution; Provided, That such proposed amend- 
ments shall be read on three several days, in each house as well when the 
same are proposed as when they are ratified. 

Done in Convention at New Echota, this twenty-sixth day of July, in 
the year of our Lord, one thousand eight hundred and twenty-seven; In tes- 
timony whereof, we hae each of us, hereunto subscribed our names. 

JNO. ROSS, Pres't Con. 

Jno. Baldrige, Geo. Lowrey, Jno. Brown, Edward Gunter, John Martin, 
Joseph Vann, Kelechulee, Lewis Ross, Thomas Foreman, Hair Conrad, James 
Daniel, John Duncan, Joseph Vann, Thomas Petitt John Beamer, Ooclenota, 
Wm. Boling, John Timson, Situwaukee, Richard Walker, 

A. McCOY, Sec'y to Con. 

The emigration of Cherokees to Arkansas met with strenuous objections 
as may be evidenced by the following acts of council: 

"Resolved by the National Committee and Council, That any person or 
persons, whatsoever, who shall choose to emigrate to the Arkansas country, 
and shall sell the possessions he or they may be in possession of, to any 
person or persons whatsoever, he or they, so disposing of their improve- 
ments shall forfeit and pay unto the Cherokee Nation the sum of one hundred 
and fifty dollars; and be it further 

"Resolved, That any person or persons whatsoever, who shall purchase 


any improvements from any person or persons so emigrating, lie or they, so 
offending shall also forfeit and pay a fine of one hundred and fifty dollars 
to the Nation, to he collected by the marshal of the district. By order or 
the National Committee. 

JONH ROSS, Pres. National Committee. 
ALEXANDER McCOY, Clerk National Committee. 
Approved: October 2 7th, 1821. 

Chas. R. Hicks, t 

Resolved by the National Committee and Council, in General Council 
Convened, That from and after the passage of this act, if any citizen of 
the Nation shall bind themselves by enrollment or otherwise as emigrants to 
Arkansas, or for the purpose of removing out of the jurisdictional limits of 
the Nation, he, she or they so enrolling or binding themselves, shall forfeit 
thereby all the rights and privileges he, she or they may have previously 
thereto claimed or enjoyed as citizens of this Nation and shall be viewed 
in the same light as others not entitled to citizenship, and treated accord- 

Be it further resolved, That if any person or persons, citizens of this 
Nation, shall sell or dispose of his, her or their improvements to any person 
or persons so enrolled or otherwise bound as above mentioned, he, she or 
they, shall he viewed as having disposed of his, her or their improvements 
to a citizen of the United Slates, and shall be ineligible to hold any office 
of honor, profit or trust in this Nation, and upon conviction thereof, before 
any of the circuit courts of the several districts, be fined in a sum not less 
than one thousand dollars, nor exceeding two thousand dollars, and be pun- 
ished with one hundred lashes. 

Be it further resolved. In order to prevent any person from screening 
him, her or them from the penalties above prescribed by pretending to have 
sold or disposed of his, her or their improvements to a lawful citizen ana 
not an emigrant, all citizens of this Nation who may hereafter buy, sell or 
dispose of in any manner their improvements to each other, be, and they 
are hereby required, the disposer as well as the purchaser of such improve- 
ments, to make affidavit, to be filed in the clerk's office of the district, before 
any of the District Judges of Clerks of the several courts, that he, she or 
they did not dispose of or transfer, purchase or obtain any improvement 
for the purpose ot having it valued by the United States commissioners or 
agents, or were not acting as agents or emigrants in making such purchase 
or transfer, and in case any such person or persons shall fail to comply with 
this requirement, such person or persons shall, upon conviction before any 
of the Circuit Courts of the Nation, pay a tine of not less than one dollar, 
nor exceeding two hundred dollars, for every offense so committed. 

Be it further resolved, That if any citizen or citizens of this Nation 
shall dispose of or transfer his, her or their improvements without complying 


with the requirements of the third section nf tliis act, and the person or per- 
sons to wiioni tlie sale or transfer of sucii improvements may he made, should 
thereafter hy enrollment or otherwise iiecome an emigrant or emij^rants, 
and shall j^et said improvement or improvements valued by the agents of the 
General Government, within thirty days after such purchase or transfer shall 
have been made, or at any time whilst the disposer continues to remain in 
possession of the same, then, in that case, the person or persons who may 
have so disposed i)f or transferred the improvements as aforesaid shall be 
subject to the same penalty prescribed in the second section of this act, for 
disposing of improvements to emigrants. 

Be it further resolved, That any person or persons, whosoever, who 
have bound themselves together by enrollment or otherwise as emigrants un- 
der the treaty of 1828, with the Arkansas Cherokees, or who have had, or 
inten.d to have their improvements valued by the agents of the General 
Government, and do not remove out of the jurisdictional limits of this Nation 
withi 1 fifteen days after the passage of this act, they shall be viewed and 
treat 'd as intruders in the same manner as those who may become emigrants 
heri ifter. 

Be it further Resolved, That the Principal Chief of the Nation be, and 
he is hereby authorized, by and with the advice of the executive councillor'^, 
to order the aprehension of any intruders within the limits of the Nation, 
to be delivered over to the agents of the United States for the Cherokees, 
tj be prosecuted under the intercourse laws of the United Stales, or to 
expel or punish them as they please. 

Approved: JOHN ROSS, 
Principal Chief, Cherokee Nation. 

New Echota, Octoger 3 1, 1820. 

Encroachments on the Cherokee Nation in Arkansas were increasingly 
troublesome and on May 28, 1828 the following treaty was made by the 
delegation at Washington: 




Chief, August, 18<)6, to Novombi 
Xoveinlier 11, 1> 

to Xoveiiibei-, ISTo 



Proclamation Man 28, 1828 


May 6, 1828. 7 Stat. 311. Proclamation, May 28, 1828. Articles 
uf a Convention, concluded at the City of Washington this sixth day of May, 
in the year of our Lord one thousand eight hundred and twenty-eight, between 
James Barbour, Secretary of War, being especially authorized therefor bv the 
President of the United States, and the undersigned, Chiefs and Head Men of 
the Cherokee Nation of Indians, West of the Mississippi, they being dulv 
authorized and empowered by their Nation. 

Object of the Treaty. Whereas, it being the anxious desire of the Gov- 
ernment of the United States to secure to the Cherokee nation of Indians, as 
well as those now living within the limits of the Territory of Arkansas, as those 
of their friends and brothers who reside in Stales East of the Mississippi, and 
who may wish to join their brothers of the West, a permanent home, and 
which shall, under the most solemn guarantee of the United States, be, and 
remain, theirs forever — a home that shall never, in all future time, be embar- 
rassed by having extended around it lines, or placed over it the jurisdiction of 
a Territory or State, nor be pressed upon by the extension, in any way, of an.y 
of the limits of any existing Territory or State; and. Whereas, the present 
locatinn of the Cherokees in Arkansas being unfavorable to their present re- 
pose, and tending, as the past demonstrates, to their future degradation ana 
misery; and the Cherokees being anxious to avoid such consequences, and yet 
not questioning their light to their lands in Arkansas, as secured to them by 
Treaty, and resting also upon the pledges given them by the President of the 
United States, and the Secretary of War, of March 1818, and 8th October, 
iBll, in ret;ard to the outlet to the West, and as may be seen on referring to 
the records of the War Department, still being anxious to secure a permanent 
home, and to free themselves, and their posterity, from an embarrassing. con- 
nection with the Territory of Arkansas, and guard themselves from such con- 
nections in future; and. Whereas, it being important, not to the Cherokees 
only, but also to the Choctaws, and in regard also to the question which may 
be agitated in the future respecting the location of the latter, as well as the for- 
mer, within the limits of the Territory or State of Arkansas, as the case may be, 
and their removal therefrom; and to avoid the cost which may attend negoti- 
ations to rid the Territory or State of Arkansas whenever it may become a 
State, of either, or both of those Tribes, the parties hereto do hereby conclude 
the following Articles, viz: 

Western Boundary of Arkansas Defined. Art. 1. The Western boun- 
ary i>f Arkansas shall be, and the same is, hereby defined, viz: A line shall 
be run, commencing on Red River, at the point where the Eastern Choctaw 
line strikes said River, and run due North with said line to the River Arkansas, 

Territory Guaranteed to Cherokees by United States. Art. 2. The 
United States agree to possess the Cherokees, and to guarantee it to them for- 
thence in a direct line to the South West corner of Missouri. 



ever -md that guarantee is hc?rebv solemnly pledg-ed, of seven million acres of 
land' to be bounded as follows, viz: Commencing at that point on Arkansas 
River where the Eastern Choctaw boundary line strikes said River, and run- 
ning thence with the Western boundary line of Missouri till it crosses the wat- 
ers ""of Neasho, generally called Grand River, thence due west to a point from 
which a due South course will strike the present North West corner of Arkansas 
Territory, thence continuing due South, on and with the present Western 
boundary line of the Territory to the main branch of Arkansas River, thence 
down said River to its junction with the Canadian River, and thence up and 
between the said Rivers Arkansas and Canadian, to a point at which a line run-- 
ning North and South from River to River, will give the aforesaid seven mil- 
lions of acres. In addition to the seven millions of acres thus provided for. 
and bounded, the United States further guarantee to the Cherokee Nation 
a perpetual outlet. West, and a free and unmolested use of all the Country 1\- 
ing West of the Western boundary of the above described limits, and as far 
West as the sovereignty of the United States, ana their right of soil extend. 

United States to Run the Lines. Art. 3. The United States agree to 
have the lines of the above cession run without delay, say not later than the 
lirst of October next, and to remove, immediately after the running of the 
Eastern line from the Arkansas River to the South West corner of Missouri, all 
white persons from the West to the East of said line, and also all others, should 
there be any there, who may be unacceptable to the Cherokees, so that no 
obstacles arising out of the presence of a white population, or a population 
of any other sort, shall exist to annoy the Cherokees — and also to keep all 
such from the West of said line in future. 

Persons to Be Appointed to Value Cherokee Improvements. Art. 4. 
The United States moreover agree to appoint suitable persons whose duty it 
shall be, in conjunction with the Agent, to value all such improvements as the 
Cherokees may abandon in their removal from their present homes to the 
District of Country as ceded in the second Article of this agreement, and to 
pay for the same immediately after the assessment is made, and the amount 
ascertained. It is further agreed, that the property and improvements con- 
nected with the agency, shall be sold under the direction of the Agent, and 
the proceeds of the same applied to aid in the erection, in the country to which 
the Cherokees are going, of a Grist, and Saw Mill, for their use. The afore- 
said property and improvements are thus defined : Commence at the Arkansas 
River opposite William Stinnetts, and run due North one mile, thence due East 
to a point from which a due South line to the Arkansas River would include 
the Chalybeate, or Mineral Spring, attached to or near the present residence 
of the Agent, and thence up said River (.Arkansas) to the place of beginning 

Further Agreement. Art. 5. It is further agreed, that the United States, 
in consideration of the inconvenience and trouble attending the removal, and 
on account of the reduced value of a great portion of the lands herein ceded 
to the Cherokees, as compared with that of those in Arkansas which were 
made theirs by the Treaty of 18 17, and the Convention of 1819, will pay 
to the Cherokees, immediately after their removal which shall be within four- 


teen nmnths of the date of this ai^reement, the sum df tiftv thousand dnllars; 
also an annuity for three years, of two thousand dollars, toward defravinjj' the 
cost and trouble which may attend upon going- after and recovering their stock, 
which may stray into the Territory in quest of the pastures from which thev 
may be driven — also, eight thousand seven hundred and sixty dollars, for spoli- 
ations committed on them, (the Cherokees, ) which sum will be in full of all 
demands of the kind up to this date, as well as those against the Osages, as 
those against citizens of the United States — this being the amount of the claims 
for said spoliations, as rendered by the Cherokees, and which are believed tr' 
be correctly and fairly stated. — Also, one thousand two hundred dollars for 
the use of Thomas Graves, a Cherokee Chief, for losses sustained in his prop 
erty, and for personal suffering endured by him when confined as a prisoner 
on a criminal, but false accusation; also, five hundred dollars for the use o! 
George Guess, another CheroKee, for the great benefits he has conferred upon 
the Cherokee people, in the beneficial results they are now experiencing from 
the use of the Alphabet discovered by him, to whom also, in consideration of 
his relinquishing a valuable saline, the privilege is hereby given to locate and 
occupy another saline on Lee's Creek. It is further agreed by the United 
States, to pay two thousand dollars, annually, to the Cherokees, for ten years, 
to be expended under the direction of the President of the United States in the 
education of their children, in their own country, in letters and the mechanic 
arts; also, one thousand dollars towards the purchase of a Printing Press and 
Types to aid the Cherokees in the progress of education, and to benefit and 
enlighten them as a people, in their own, and our language. It is agreed fur- 
ther that the expense incurred other than that paid by the United States in the 
erection of the buildings and improvements, so far as that may have been 
paid by the benevolent society who has been, and yet is, engaged in instruct- 
ing the Cherokee children, shall be paid to the society, it being the undersand- 
ing that the amount shall be expended in the erection of other buildings and 
improvements, for like purposes, in the country herein ceded to the Cherokees. 
The United States relinquish their claim due by the Cherokees to the late 
United States Factory, provided the same does not exceed three thousand five 
hundred dollars. 

Further Agreement. Art. 6. It is moreover agreed by the United States, 
whenever the Cherokees may desire it, to give them a set of plain laws, suit- 
ed to their condition — also, when they may wish to lay off their lands, and 
own them individually, a surveyor shall be sent to make the surveys at the 
cost of the United States. 

Cherokees to Surrender Lands in Arkansas Within Fourteen Months. 
Art. 7. The Chiefs and He;id Men of the Cherokee Nation, aforesaid, for 
and in consideration of the foregoing stipulations and provisions, do hereby 
agree, in the name and behalf of their Nation, to give up, and they do hereb_\ 
surrender to the United States, and agree to leave the same within fourteen 
months, as herein before stipulated, all the lands to which they are entitled in 
Arkansas, and which were secured to them by the Treaty of 8th January. 18 17. 
and the Convention of the 2 7th February, 181^). 


Cost of Emigration, etc., to be Borne By the United States. Art. 8. I lie 

Cherokee Nation, West of the Mississippi having, by this agreement, freed 
themselves from the harassing and ruinous effects consequent upon a location 
amidst a white population, and secured to their posterity, under the solemn 
sanction of the guarantee of the United States, as continued in this ag•reemen^ 
a large extent of unembarrassed country; and that their Brothers yet remaining 
in the States may be induced to join them and enjoy the repose and blessings 
of such a State in the future, it is further agreed, on the part of the United 
States, that to each Head of a Cherokee family now residing within the 
chartered limits of Georgia, or of either of the States, East of the Mississippi, 
who may desire to remove West, shall be given, on enrolling himself for emi- 
gration, a good Rifle, a Blanket, and Kettle, and five pounds of Tobacco: (and 
to each member of his family one Blanket,) also, a just compensation for the 
property he may abandon, to be assessed by persons to be appointed by the 
President of the United States. The cost of the emigration of all such shall 
also be borne by the United States, and good and suitable ways opened, and 
provisions procured for their comfort, accommodation, and support, by the 
way, and provisions for twelve months after their arrival at the Agency; and 
to each person, or head of a family, if he take along with him four persons, 
shall be paid immediately on his arriving at the Agency and reporting himself 
and his family or followers, as emigrants and permanent settlers, in addition 
to the above, provided he and they shall have emigrated from within the 
Chartered limits of the State of Georgia, the sum of fifty dollars, and this sum 
in proportion to any greater or less number that may accompany him from 
within the aforesaid Chartered limits of the State of Georgia. 

A Certain Tract of Land To Be Reserved for the Benefit of the United 
States. Art. 9. It is understood and agreed by the parties to this Conven- 
tion, that a Tract of Land, two miles wide and six miles lond, shall be, and 
the same is hereby, reserved for the use and benefit of the United States, for 
the accommodation of the military force which is now, or which may hereafter 
be, stationed at Fort Gibson, on the Neasho, or Grand River, to commence on 
said River half a mile below the aforesaid Fort, and to urn thence due East 
two miles, thence Northwardly six miles, to a point which shall be two mile;, 
distant from the River aforesaid, thence due West to the said River, and down 
it to the place of beginning. And the Cherokees agree that the United States 
shall have and possess the right of establishing a road through their country for 
the purpose of having a free and unmolested way to and from said Fort. 

Capt. J. Rogers to be Paid in Full for Property Lost in the Service ot 
United States. Art. 10. It is agreed that Captain James Rogers, in consid- 
eration of his having lost a horse in the service of the United States, and for 
services rendered by him to the United States, shall be paid, in full for the 
above, and all other claims for losses and services, the sum of Five Hundred 

^ Art. 11. -I his Treaty to be binding on the contractins;- parties so soon as 
It is ratified by the President of the United States, by and with the advice and 
consent of the Senate. 


Done at tlu' place, and on the day and year above written. 

James Barbour. [L. S.l 

Black Fox, his x mark, [L. S.l 

Thomas Graves, his x mark, [L. S.l 
George Guess,* [L. S.] 

Thomas Maw,* [L. S.] 

George Marvis,* [L. S.] 

John Looney, * [L. S.l 

John Rogers, [L. S.] 

J. W. Flawey, counsellor of Del. [L .S.] 
Witnesses: Chiefs of the delegation. 

Thos. L. McKenney, 

James Rogers, interpreter, 

D. Kurtz, 

H. Miller, 

Thomas Murray, 

D. Brown, secretary Cheroki'e delegation, 
Pierye Pierya, 

E. W. Duval, United States agent, etc. 
Ratified with the following proviso: 

"Provided, nevertheless, that the said convention shall not be so con- 
strued as to extend the northern boundary of he 'perpetual outlet west' pro- 
vided for and guaranteed in the second article of said convention, north of the 
thirty-sixth degree of north latitude, or so as to interfere with the lands as- 
signed, or to be assigned west of the Mississippi river, to the Creek Indians 
who have emigrated, or may emigrate, from the States of Georgia and Ala- 
bama, under the provisions of any treaty or treaties heretofore concluded be- 
tween the United Sates and the Creek tribe of Indians; and provided furthei. 
That nothing in the said convention shall be construed to cede or assign to 
the Cherokees any lands heretofore ceded or assigned to any tribe or tribes 
of Indians, by any treaty now existing and in force, with any such tribe or 

Department of War, 

3 1st May, 1 828. 
To the Hon. Henry Clay, 

Secretary of State: 
Sir: 1 have the honor to transmit, herewith, the acceptance of the terms, 
by the Cherokees, upon which the recent convention with them was ratified. 
You will have the goodness to cause the same to be attached to the treaty, and 
published with it. 

1 have the honor to be, very respectfully, your obedient servant, 

Sam'l. L. Southard. 
To the Secretary of War, Council Room, Williamson's Hotel, 

Washington City: Washington, May 3 1st, 1828 


Sir: The undersigned, chiefs of the Cherokee Nation, west of the Mis- 
sissippi for and in behaU' of said nation, hereby agree to, and accept of, the 
terms upon which the Senate of the United States ratified the convention, con- 
cluded at Washington on the sixth day of May, 1828, between the United 
States and said nation. 

In testimony whereof, they hereunto subscribe their names and affix their 


Thomas Graves, his x mark, [L. S.] 

George Maw, his x mark, [L. S.] 

George Guess, his x mark, [L. S.] 

Thomas Marvis, his x mark, [L. S.] 

John Rogers. 

Signed and sealed in the presence of — 

E. W. Duval, United States agent, etc. 

Thomas Murray, 

James Rogers, interpreter. 

The inaccuracies of this treaty were corrected by: 


Articles of agreement and convention made and concluded at Fort Gib- 
son, on the Arkansas river on the fourteenth day of February one thousand 
eight hundred and thirty-three, by and between Montfort Stokes, Henry L. 
Ellsworth and John F. Schermerhorn duly appointed Commissioners on the 
part of the United States and the undersigned Chiefs and Head-men of the 
Cherokee nation of Indians west of the Mississippi, they being duly authorized 
and empowered by their nation. 

Preamble. Whereas articles of convention were concluded at the city of 
Washington, on the sixth day of May, one thousand eight hundred and twenty- 
eight, between James Barbour, Secretary of War, being specially authorized 
therefor by the President of the United States, and the chiefs and head men 
of the Cherokee nation of Indians west of the Mississippi, which articles of 
convention were duly ratified. And whereas it was agreed by the second article 
of said convention as follows "That the United States agree to possess the 
Cherokees, and to guarantee it to them forever, and that guarantee is solemnly 
pledged, of seven millions of acres of land, said land to be bound as follows, 
viz, commencing at a point on Arkansas river, where the eastern Choctaw 
boundary line strikes said river, and running thence with the western line of 
Arkansas Territory to the southwest corner of Missouri, and thence with the 
western boundary line of Missouri till it crosses the waters of Neosho, generally 
called Grand river, thence due west, to a point from which a due south course 
will strike the present northwest corner of Arkansas Territory, thence contin- 
uing due south on and with the present boundary line on the west of said 
Territory, to the main branch of Arkansas river, thence down said river to its 
junction with the Canadian, and thence up, and between said rivers Arkansas 
and Canadian to a point at which a line, running north and south, from river 
to river, will give the aforesaid seven millions of acres, thus provided for and 
bounded. The United States further guarantees to the Cherokee nation a 


perpetual outlet west, and a free and unmolested use of all the country lying 
west of the western boundary of the above-described limits; and as far west, 
as the sovereignty of the United States and their right of soil extL-nd. And 
whereas there was to said articles of convention and agreement, the following- 
proviso viz. "Provided nevertheless, that said convention, shall not be con- 
strued, as to extend the northern boundary of said perpetual outlet west, pro- 
vided for and guaranteed in the second article of said convention, north of the 
thirty-sixth degree of north latitude, or so as to interfere with the lands as- 
signed or to be assigned, west of the Mississippi river, to the Creek Indians 
who have emigrated, or may emigrate, from the States of Georgia and Ala- 
bama, under the provision of any treaty, or treaties, heretofore concluded, be- 
tween the United States, and the Creek tribe of Indians — and provided further, 
that nothing in said convention, shall be construed, to cede, or assign, to the 
Cherokees any lands heretofore ceded, or assigned, to any tribe, or tribes of 
Indians, by any treaty now existing and in force, with any such tribe or tribes. 
And whereas,it appears from the Creek treaty, made with the United States, 
by the Creek nation, dated twenty-fourth day of January eighteen hundred and 
twenty-six, at the city of Washington; that they had the right to select, a part 
of the country described within the boundaries mentioned above in said Cher- 
okee articles of agreement — and whereas, both the Cherokee and Creek na- 
tions of Indians west of the Mississippi, anxious to have their boundaries settled 
in an amicable manner, have met each other in council, and, after full deliber- 
ation mutually agreed upon the boundary lines between them — Now there- 
fore, the United States on one part, and the chief and head-men of the Chero- 
kee nation of Indians west of the Mississippi on the other part, agree as 

Land granted to the Cherokees; Further guaranty. Art. 1. The United 
States agree to possess the Cherokees, and to guarantee it to them forever, 
and that guarantee is hereby pledged, of seven millions of acres of land, to be 
bounded as follows viz: Beginning at a point on the old western territorial line 
of Arkansas Territory, being twenty-five miles north from the point, where the 
Territorial line crosses Arkansas river — thence running from said 
north point, south, on the said Territorial line, to the place where said 
Territorial line crosses the Verdi.i;ris river — thence down said Verdigris 
river to the Arkans;is river — thence down said Arkansas to a point, 
where a stone is placed opposite to the east or lower bank of Grand 
river at its junction with the Arkansas — thence running south, forty-four de- 
grees west, one mile — thence in a straignh line to a point four miles northerly 
from the mouth of the north fork of the Canadian — thence along the said 
four miles line to the Canadian — thence down the Canadian to the Arkansas 
— thence, down the Arkansas, to that point on the Arkansas, where the east- 
ern Choctaw boundary strikes, said river; and running thence with the western 
line of Arkansas Territory as now defined, to the southern corner of Missouri 
— thence along the western Missouri line, to the land assigned the Senecas 
to Grand river; thence up said Grand river, as far as the south line of the 
Osage reservation, extended if necessary — thence up and between said south 


Osage line, extended west if necessary and a line drawn due west, from the 
point of beginning, to a certain distance west, at wfiicli, a line running north 
and south, from said Osage line, to said due west line, will make seven millions 
of acres within the whole described boundaries. In addition to the seven mil- 
lions of acres of land, thus provided for, and bounded, the United States, 
further guarantee to the Cherokee nation, a perpetual outlet to the west and 
a free and unmolested use of all the country lying west, of the western bound- 
ary of said seven millions of acres, as far west as the sovereignty of the 
United States and their right of soil extend — Provided however, that if the 
saline, or salt plain, on the great western prairie, shall fall within said limits 
prescribed for said outlet, the right is reserved to the United States to permit 
other tribes of red men. to get salt on said plain in common with the Chero- 
kees — and letters patent shall be issued by the United States as soon as prac- 
ticable for the land hereby guaranteed. 

Quit claim to the United States of former grant. Art. 2. The Cher^ikee 
nation hereby relinquish and quit claim to the United States all the right, in- 
terest and title which the Cheerokees have, or claim to have in and to all the 
land ceded, or claimed to have been ceded to said Cheerokee nation by said 
treaty of sixth of May one thousand eight hundred and twenty-eight, and not 
embraced within the limits or boundaries tixed in this present supplementary 
treaty or articles of convention and agreement. 

Sixth article of treaty of May 6, 1828, annulled. Art. 3. The Cherokee 
nation, having particularly requested the United States to annul and cancel the 
sixth article of said treaty of sixth May, one thousand eight hundred and 
twenty-eight, the United States, agree to cancel the same, and the same is 
hereby annulled — Said sixth article referred to, is in the following words — 
"It is moreover agreed by the United States, when the Cherokees may de- 
sire it, to give them a plain set of laws, suited to their condition — also when 
they may wish to lay off their lands and own them individually, a surveyor 
shall be sent to survey them at the expense of the United States. 

Blacksmith and other workmen, materials and shops. Art. 4. In con- 
sideration of the establishment of new boundaries in part, for the 
lands ceded to said Cherokee nation, and in view of the improvement of 
said nation, the United States will cause to be erected, on land now 
guaranteed to the said nation, four blacksmith shops, one wagon maker 
shop, one wheelwright shop, and the necessary tools and implements furnished 
for the same; together with one ton of iron, and two hundred and fifty pounds 
of steel, for each of said blacksmith be worked up, for the benefit 
of the poorer class of red men, belonging to the Cherokee nation — And the 
United States, will employ four blacksmiths, one wagon-maker, and one wheel- 
wright, to work in said shops respectively, for the benefit of said Cherokee na- 
tion; and said materials shall be furnished annually and said services continued, 
so long as the president may deem proper — And said United States, will cause 
to^ be erected on said lands, for the benefit of said Cherokees, eight patent 
railway corn mills, in lieu of the mills to be erected according to the stipula- 
tion of the fourth article of said treaty, of sixth May, one thousand eight hun- 


dred twenty-eight, from the avails of the sale of the old a,£;ency. 

This supplementary to a former treaty. Art. 5. I'hese articles of agree- 
ment and convention are to be considered supplementary, to the treaty before 
mentioned between the United States and the Cherokee nation west of the 
Mississippi dated sixth of May one thousand eight hundred and twentv-eight, 
and not to vary the rights of the parties to said treaty, any further, than said 
treaty is inconsistent with the provisions of this treaty, now concluded, or 
these articles of convention or agreement. 

One mile square for the agency. Art. 6. It is further agreed by the 
Cheerokee nation, that one mile square shall be reserved and set apart from 
the lands hereby guaranteed, for the accommodation of the Cherokee agency: 
and the location of the same shall be designated by the Cherokee nation, in 
conjunction with the agent of the Government of the United States. 

Treaty binding when ratified. Art. 7. This treaty, or articles of con- 
vention, after the same have been ratified, liy the President and Senate shall 
be obligatory on the United States and said Cherokee nation. 

In testimony whereof, the said Montfort Stokes, Henry L. Ellsworth, and 
John F. Schermerhorn, commissioners as aforesaid, and the chiefs and head 
men of the Cherokee nation aforesaid, have hereunto set our hands, at For; 
Gibson on tlie Arkansas river, on the Nth day of February, one thousand 
eight hundred and thirty-three. 

Montfort Stokes, Henry I.. Ellsworth, 

J. F. Schermerhorn, John Jolly, his x mark. 

Black Coat, his x mark, Walter Weller, 

Principal chiefs: 
John Rogers, President Commissioners. 
Glass, president CDuncil. 

Signed, sealed, :ind delivered in our presence: 
S. C. Stambaugh, secretary commis- Geo. Vashon, agent Cherokees west, 
sioners, Jno. Campbell, agent Creeks, 

V\. Arbuckle, colonel Seventh Infan- Alexander Brown, his x mark, 
try, Jno Hambly, 

Wilson Nesbitt, N. Young, major U. S. Army, 

Peter A. Cams, W. Seawell, lieutenant Seventh In- 

Wm. Thornton, clerk committee. f;intry, 

Charles Webber, clerk council. 

The Cherokees had always been an agricultural people and for thai 
reason were more attached to their homes than :ire town dwellers. They 
had passed an act in May, 1825, imposing a death penalty on anyone who 
should propose the sale or exchange of their lands, and although the bound- 
aries and acreage of their reservation was not satisfactory to anyone thev 
were much displeased with the action of the delegation and many threats wer,. 
made against them. The entire Arkansas Cherokee nation moved in the win 
ter of 1828-9 to their new western home. Tohlonteeskee, or Deep Creek, 
a southern branch of Illinois river, section sixteen, township twelve north. 


ranse twenty-one east, was created the capitol and the nation was divided 
into four districts. 


Sec. 1. Be it further enacted, That there shall be established two judicial 
circuits, and one Judge elected to each circuit. 

The following division of the Nation into four Districts shall continue 
until otherwise altered by law, to wit: 

1. Neosho District. — Commencing at the line of Washington county 
where the Saline road crosses the same, and following said road to the head 
of Spring creek; thence down the same to Grand river; thence down Grand 
river to the Arkansas, and thence along the western boundary of the Nation, 
including all the country north and west of the above line. 

2. Salisaw District. — Beginning at the line of Washington county near 
Wilson's store, where the wagon road crosses the same by Jack Bean's; thence 
along said road by Chas. Vann's down the Salisaw to the crossing of the creek 
by Dr. Palmer's; thence, south, to the top of the mountain, and along the top 
of the same to a point opposite John L. McCoy's; thence to the crossing 
of the Salisaw by the military road, and along said road to Grand river. 

3. Illinois District. — Commencing at the mouth of Salisaw creek, and 
running up the same to the military road; thence along said road to Grand 
river, and down the same to the Arkansas, including all the country west of 
this line and the Arkansas. 

4. Lees Creek District. — Including all the country lying south and east 
of the above described lines. 

The Northern circuit shall be composed of Neosho and Salisaw Districts; 
and the Southern of Illinois and Lee's Creek District. And the following 
places are designated in each District for holding courts, viz: 

In Neosho District, at Sitewake's Village on Spavinaw. 

In Salisaw District, at Tahlequah. 

In Illinois District, at Tah-lon-tuskee. 

In Lees Creek District, at George Guess'. 

The Judges shall hold their respective courts in Neosho and Illinois 
Districts, on the first Monday in May and September, and for Salisaw and 
Lee's Creek Districts, on the second Monday in May and September. 

Sec. 4. The Circuit Court shall have complete jurisdiction, in all crimin- 
al matters, and also in civil cases where the amount at issue is not less than 
one hundred dollars; hut may also try and decide suits, when the amount is 
less than one hundred and over twenty-tive dollars, provided such suit ha.s 
been brought by appeal from the District Court; and all decisions where the 
sum does not exceed one hundred dollars, shall be final; but if above that 
amount, an appeal may be granted to the Supreme Court, if moved for before 
the adjournment of such court; and in the trial of all cases, the Clerk shall 
write out in full the testimony which may be given by witnesses of both par- 
ties. And in the event of an appeal to the Supreme Court, such written tes- 
timony, with the proceedings and decisions of the court, being certified to by 
the Clerk, sealed and marked on the outside, with the nature of the case 


and the names of the parties, they shall be transmitted by the Sheriff of the 
District, directed to the Chief Justice. And the party, so appealing to the 
Supreme Court, shall be required to enter into bond with security, to the 
satisfaction of the Court, for the maintenance of said suit and payment of 
all costs. 

This jurisdictional division was in V(),t;ue and it was succeeded by: 
An Act to OrgAiiize the Nation into Eight Districts and for Holding Elections. 
He it enacted by the National Council, That the following divisions of 
the Nation into eight Districts, shall continue until altered by law — to wit: 

Skin Bayou District. 
Conuiiencing at the mouth of Salisaw Creek, thence up the same to a 
point where the Rogue's Path crosses; thence along said path to Bear Meat's 
old place; thence on a direct line to the two Knobs or Peaks, running be- 
tween the same, to the nearest point of the State line; thence south along 
said line to the Arkansas river, and up the same to the place of beginning. 

Illinois District. 
Commencing at the point where the Rogue's Path crosses Salisaw Creek; 
thence on a direct line to Big Bear's (Allen Gafford's) on Elk Creek, and 
down said creek to its junction with Illinois river; thence crossing Short Moun- 
tain to Eli Harlin's, (including said Harlin in the District;) thence along the 
road by Joseph Coodey's and Dennis Biggs' to Grand River, at Fort Gibson; 
thence on the main road to the ferry on the Verdigris river, down the same 
to the Arkansas river; thence down said river to the mouth of Salisaw Creek, 
and up the same to the place of beginning, 

Canadian District. 
Commencing at the junction of the Arkansas and Canadian rivers; thence 
up the Canadian to the Creek boundary; thence along the said boundary to the 
Arkansas river, and down the same to the place of beginning. 

Flint District. 
Commencing at the point where the Rogue's Path crosses the Salisaw 
creek; thence along the line of Illinois District to the Illinois river; thence 
up said river to the mouth of Caney creek, and up said creek to Buffington's, 
thence along the main old road to the crossing of the south branch of the 
Barren Fork of Illinois; thence up said creek to the State line, and along said 
line to the line of Skin Bayou District; thence west along said District line 
to the place of beginning. 

Going Snake District. 
Commencing on Caney creek at F:iwn's Camp on the right, and fol- 
lowing the path leading to Thos. F. Taylor's until the same forks on the 


mountain; thence along tlie right hand old path (leaving said Taylor's to the 
left,) to Dick Sanders' on the Barren Fork; thence along the road to James 
McDaniel's on Big Illinois; thence along the road or path leading to the 
Grand Saline, to Spring creek, thence up said creek to the crossing of the 
vVashington county wagon road, at Gore's old cabin, following said road 
to Flint creek, then up said creek to the State line; then south along said line 
to Flint District, and along the same to the place of beginning. 

Tahlequah District. 

Commencing at Fawn's Camp on Caney Creek, and following the line 
of Going Snake District to Spring creek; thence down said creek to Grand 
river, and down the same to Fort Gibson; thence along the line of Illinois 
District to the Illinois river; thence up said river to Caney creek, and up the 
Siime to the place of beginning. 

Delaware District. 

Commencing at the point on Spring Creek where Going Snake and 
Tahlequah Districts corner; thence to the nearest source of Little Saline Creek, 
and down the same to its junction with Big Saline Creek; thence on a direct 
line to Grand river at the mouth of Spavinaw creek; thence up said river to 
the termination of the Cherokee territory, and including all of the country 
east of the above described line to the State line and north of Going Snake 

Saline District. 

Commencing at the north-west corner of Delaware District; thence south 
along the western line of the said District to Tahlequah District on Spring 
creek; thence down said creek to Grand river, and along the same to Fori 
Gibson, including all the country west not embraced in any of the before 
described Districts. 

Be it further enacted. That the election of two members of the National 
Committee, and three members of the Council, and one Sheriff for each 
District, shall be held on the first Monday in August, 1841: — and all free 
male citizens, who shall have attained to the age of eighteen years, shall be 
equally entitled tb vote in the District of which they may he residents; and 
every voter shall name the person for whom he votes. 

Be it further enacted. That there shall be two superintendents at each 
precinct, to preside over the elections, who shall appoint a clerk, whose duty 
it shall be to make a list of all candidates, and register the name of each 
voter, stating the candidate for whom each vote is given. 

In the event that any persons hereinafter named as superintendents, are 
unable or refuse to serve as such, then the people assembled to vote may 
choose others to fill such vacancies as may occur. The register or list of votes 
polled at each precinct shall be certified by the superintendents and clerk, and 
on the following day after the election, the superintendents shall assemble at 


the first named precincts in this act, in each District, and count all votes 
legally given, and issue a written certificate of election to each candidate, who 
shall have received the highest number of votes. The certified register of 
votes shall then be sealed up, and transmitted to the Principal Chief, marked, 

"Election returns for District." 

The following places are designated as precincts in the several District.* 

1. For Skin Bayou District. — First precinct at the present place o' 
holding Courts: — George I.owrey, jr., and Michael Waters, superintendents. 
Second precinct at Little Jnn. Rogers': — G. W. Gunter and John Rogers, sup- 

2. Flint District. — First precinct at George Chambers' Camp Ground: — 
George Chambers and Andrew Ross, superintendents. Second precinct at 
Broken Canoe's: — Ezekial Starr and George StHl, superintendents. 

3. Illinois District. — First precinct at Moses Smith's: — John Brewer and 
Richard Ratcliff, superintendents. Second precinct at Cat Fields: — Archibald 
Fields and Alexander Foreman, superintendents. 

4. Canadian District. — First precinct at James Thorn's: — Joseph Vann 
and John Thorn, superintendents. Second precinct at George Chisholm's: — 
Dutch and David Foreman, superintendents. 

5. Going Snake District. — First precinct at Hair Conrad's: — Hair Con- 
rad and Samuel Foreman, superintendents. Second precinct at Rising Fawn's 
in Piney Woods) — Geo. Starr, John Harnage, superintendents. 

6. Tahlequah District. — First precinct at Tahlequah : — Stephen Fore ■ 
man and David Carter, superintendents. Second precinct at William Camp- 
bell's: — Thomas Wilson and Thigh Walker, superintendents. 

7. Delaware District. — First precinct at J. Buffington's: — Richard Tay- 
lor and William Wilson, superintendents. Second precinct at Johnson Fields': 
— James D. Wofford and Hiram Landrum, superintendents. 

8. Saline District. — First precinct at the Grand Saline: — Nicholas 
M'Nair and Brice Martin, superintendents. Second precinct at West's Saline: 
— David "Vann and Bluford West, superintendents. 

The superintendents and clerks shall be required to take the following 
oath: — "You do solemnly swear that you will conduct the election according 
to the provisions of the act passed Nov. 4th, 1S40." 

Approved— J NO. ROSS. 

Tahlequah, Nov. 4th, 1840. 

The jurisdiction of Delaware District was extended over the "Neutr;[l 
band'' by: 

An Act Annexing a Tract Called 800,000 Acres of Land, to Delaware District. 

Be it enacted by the National Council. That this section of country ceded 
to the Cherokees by the Treaty of 1835, and known as the "eight hundred 
thousand acre tract,'' be, and the same is hereby attached to Delaware Dis- 
trict, and shall henceforth form a part of said District. 

Tahlequah, Dec. 1st, 1846. 

Approved— JNO. ROSS. 

The name of Skin Bavou District was derived from the local stream. 


which had been named b\' the early courier de hois. It was chansjed by: 
An Act Changing the Name of Skin Bayou District. 

Be it enacted by the National Council, That the name of Skin Bayou 
District be. and the same is hereby changed, and that the said District shall 
be called from and after the passage of this act, Se-quo-yah; and so much 
of the act passed November 4th, l84o, as militates against this act be and the 
same is hereby repealed. 

Tahlequah, November 4th, l(S5l. 

Approved — JNO. ROSS. 
Cooweescoowee District was constituted in 1856 b\-: 

An Act Organizing Cooweescoowee District 

Be it enacted by the National Council, That all that portion of the terri- 
tory belonging to the Cherokee people, within the following boundary, be and 
is hereby organized into a District, to be known as Cooweescoowee District, 
with all the immunities and corporate capacities of other districts of this 
Nation, towit: Commencing at the cornerstone of the Creek Nation, a few 
miles north nr northwest of old Union Mission; running thence a due east 
course until it strikes the Missouri road, running west of Neosho or Grand 
River; then along said road to about one mile northward of the crossing of 
Rock Creek; then along a certain trail known as Mathis' tract, until said 
trace strikes the northern boundary line of the Cherokee country; then west- 
ward along said line, and following the boundary line of the Cherokee outlet 
west to the point of beginning. 

Be it further enacted. That the precincts for holding elections shall be 
and are placed at the following localities: 

1. At the Sulphur spring on Dog Creek, near Jim McNair's cow-pen. 

2. At the White Spring. 

3. At the Yellow Spring. 

4. At or near Dick Duck's. 

The court house of Cooweescoowee District from 1856 to December 7, 
1867, was on Bird Creek in the eastern part of Osage county and was located 
by : 

An Act to Amend an Act entitled "An Act Relative to the Court House 
in Cooweescoowee District." 
Be it enacted by the National Council, That the act in relation to building 
a court house in Cooweescoowee District, passed December 7, 1867, be so 
amended as to require the District Judge to have said court house built at 
the Sulphur Springs, on the waters of Dog Creek, near Jesse Henry's, in said 
District, instead of the place designated in said act, "Clermont's Mounds." 

JOHN YOUNG, Speaker of Council. 
Concurred in — PIG SMITH, President of the Senate. 
Presented and approved, 24th November, 1868. 

LEWIS DOWNING, Principal Chief of the Cherokee Nation. 

Tahlequah, C. N., Nov. 13, 1868. 
The Eastern Cherokees enacted earlier election laws but the following 
was in a fuller and more perfect form: 


Resolved by the Committee and Council, in General Council Convened, 
That the elections to be holden hereafter in the several Districts for mem- 
bers of the General Council, Sherifl's and Constables, shall be held at the fol- 
lowing precincts until otherwise altered by the General Council, viz: Chicka- 
mauga District: The first precinct to be at the Court House, the second 
at Hunter Langly's in Lookout Valley; third at Hick's Mill and the fourth 
at Kah-noh-cloo's. Chattooga District. First precinct at the Court House, 
second at Ah-ne-lah-ka-yah's in Turkey Town, third at James Fields', Turnip 
Mountain, fourth at Laugh-at-mush's, Will's Valley, fifth at Edward Gunter's 
in Creek Path, and sixth at Raccoon Town, at Little Turtle's house. Coosa- 
watee District: First at the Court House, and the third at Ellijay. Ah- 
mohee District: First at the Court House, second at Squires in Long Sa- 
vannah, third at Chee-squah-ne-ta's, fourth at Swimmers, Highwassee Old 
Town. Hickory Log District: First at the Court House, second at the old 
Court House, third at or near Big Savannah. Hightower District: First at 
the Court House, second at Pipes Spring, third at Yon-nah-oo-woh-yee's. 
Tahquohee District: First at the Court House, second at Choowalookee's. 
third at Oowatee's, fourth at Skenah Town, hfth at Beach Town. Aquohee 
iJistrict: First at the Court House, second at Lame Dick's, third at High- 
wassee Town, fourth at widow Nettle Carriers', fifth at Chee-yoh-ee. 

Be it further Resolved, That two superintendents and one clerk shall 
be appointed to take the votes at each precinct, and it shall be the duty of 
the Circuit Judges respectively to make such appointments while on their 
Judicial Circuit last preceding the general elections for members of the 
General Council, and shall notify the managers and clerks of their appoint- 
ment, by the Sheriff of the District, and in case either of the Circuit Judges 
shall fail to hold his courts agreeably to law, or any of the managers or 
clerks shall refuse to act, the District Judge shall be authorized to fill sucii 
vacancies; and in case any shall fail to attend on the day of the election, the 
voters shall be allowed to choosc some suitable person or persons to act in 
his or their stead. 

Be it further Resolved, That the clerks shall particularly take down the 
names of all persons voting and for whom they may vote; and the managers 
and clerks shall meet at the court house in their respective Districts on the 
Wednesday succeeding the election, then and there to count the votes and 
issue a certificate to each member elect, of his constitutional election. 

Be it further Resolved, That the managers and clerks while acting 
shall be upon oath, and shall not be entitled to receive any compensation 
from the National Treasury for their services. 

New Echota, 2d Nov., 182O. 

Approved— JNO. ROSS. 

The first comprehensive election law of the "Old Settler" Cherokees 

An Act Respecting Elections. 

Resolved by the Committee and Council, in General Council Convened, 
That from and after this date, the members of the National Committee and 


Council, ;ind Ihe officers (Judges and Light-horse) of the Cherokee Nation, 
shall he elected hy a vote of the people, given in a't their respective pre- 
cincts in each District, and for which purpose it is hereby 

Further Resolved, That the people of the Cherokee Nation shall meet 
at their respective precincts in each District once in two years, on the second 
Monday in July, and proceed to elect by vote, two memebrs of the National 
Committee and two members of the National Council, which members shall 
be elected to serve two years from the date of their election; and there shall 
be also elected at the same time and place two District Judges and two Na- 
tional Light-horse to serve two years from the date of their election, whose 
duties it shall be to serve in their respective Districts as set forth by law. 

Resolved Further, That all elections under the law as herein above speci- 
specific purposes, shall be superintended by the Judges of the same District, 
and each candidate for the above named offices shall make known to the 
Judges superintending the elections, which office they design to run for; and 
it shall be the duty of the Judges to have this distinctly understood by the 
people before voting, after which they can proceed to vote, one at a time 
by calling the names of such candidates which they judge are the best qualified 
to fill the office running for, and after all the people present have voted, the 
Judges shall count out publicly the number of votes given to each one of the 
candidates took up for the same office, and such candidates as have thereby 
gained the highest number of votes for the different offices shall thereby be 
considered duly and lawfully elected to the respective offices for which they 
were candidates and run for. And it shall be the duty of the Judges as before 
required under section third to give each member thus elected to the National 
Committee and Council, Judges and Light-horse, a certificate of their election, 
which shall be their voucher to the National Council of such members, Judges 
and Light-horse having been duly elected according to law. 

Resolved Further, That all elections under the law as herein above speci- 
fied for the purpose of electing members to the National Committee and 
Council, Judges and Light-horse shall be and are hereby required to be held 
at the following named places in each District: That is the precinct or 
place for holding elections under the law; that in Lees Creek District, shall 
be at the present residence of Little Charles, of Skin Bayou; that in Salhsaw 
District at Fox's residence on Sallisaw Creek; that in Illinois District at the 
National Council House (Tah-lon-tee-skee) and that in Neosho District at 
John Drew's residence on Bayou Menard. 
Tah-lon-tee-skee, May 10, tS?4. 

Approved— JOHN JOLLY, Prin'l. Chief. 

At various subsequent dates the election laws were changed to conform 
with the progress of the Cherokee Nation, but they always adhered to the viva 
voci method of voting, recorded by a clerk from each party, judges of election 
supervising the work of the opposing party clerk, all parties except the voter 
being kept at a distance of fifty feet from the polls by regularly appointed sup- 
ervisors or guards. Council met before 1867 on the first Monday of October 
and after 1867 on the first Monday of November of each year, the regular ses- 



sion lasting four weeks. Elections \\-ere held on the first Monday of Au.^ust 
of odd numbered years. 

It had become apparent to many Cherokees that their retention of their 
homes and institutions east of the Mississippi river was of but short duration 
John Ross was in favor of selling their lands for twent_\' million dollars but 
the government steadfastly refused to pay more than five million for it. Con- 
ditions were becoming more untenable each year and as a consequence the 
great mass of the people were becoming more and more impoverished. Many 
of the wealthier Cherokees had and were moving west at their own expense. 
The minority seeing the hopeless condition of their people, within the limits 
of Georgia, Tennessee, Alabama and North Carolina, concluded the folUow- 
ing treaty: 





Chief — November, 1S()7, to November, 1875. 



Treaty With The Cherokee, 1835 

Dec. 29, 1835. 7 Stat., 478. Proclamation. May 23, 1836. Article of a 
trc'iitv, concluded at New Echota in the State o\ Georgia on the 29th day of 
Dec. 1835 by General William Carroll and John F. Schermerhorn commis- 
sioners on the part of the United States and the Chiefs, Head Men and People 
of the Cherokee tribe of Indians. 

Preamble . Whereas the Cherokees are anxious to make arrangements 
with the Government of the United States whereby the difficulties they have 
experienced by a residence within the settled parts of the United States under 
the jurisdiction and laws of the State Governments may be terminated' and ad- 
justed; and with a view to reuniting their people in one body and securing 
a permanent home for themselves and their posterity in the country selected 
by their forefathers without the territorial limits of the State sovereignties, and 
where they can establish and enjoy a government of their choice and per- 
petuate such a state of society as may be most consonant with the views, 
habits and conditions; and as may tend to their individual comfort and their 
'advancement in civilization. 

And whereas a delegation of the Cherokee nation composed of Messrs. 
John Ross, Richard Taylor, Danl. McCoy, Samuel Gunter and William Rogers 
with full power and authority to conclude a treaty with the United States did 
on the 28th day of February 1835 stipulate and agree with the Government of 
the United States to submit to the Senate to fix the amount which should be 
allowed the Cherokees for their claims and for a cession of their lands east 
ot the Mississippi river, and did agree to abide by the award of the Senate of 
the United States themselves to recommend the same to their people for their 
final determination. 

And whereas on such submission the Senate advised ■'that a sum not ex- 
ceeding five millions of dollars be paid to the Cherokee Indians for all their 
possessions east of the Mississippi river." 

And whereas this delegation after said award of the Senate had been 
made, were called upon to submit propositions as to its disposition to be 
arranged in a treaty which they refused to do, but insisted that the same 
"should be referred to their nation and there in general council to deliberate 
and determine on the subject to ensure harmon_\' and good feeling among 

And whereas a certain other delegation composed of John Ridge, Elias 
Boudinot, Archilla Smith, S. W. Bell, John West, Wm. A. Davis and Ezekiel 
West, who represented the portion of the nation in favor of emigration to 
the Cherokee country west of the Mississippi entered into propositions for a 
treaty with John F. Schermerhorn commissioner on the part of the United 
States which were to be submitted to their nation for their final action and 
And whereas the Cherokee people, at their last October council at Red 


Clav, fullv authorized and empowered a delegation or committee of twenty 
'persons of their nation to enter into and conclude a treaty with the United 
States commissioner then present, at that place or elsewhere and as the people 
,had good reason to believe that a treaty would then and there be made or 
lat a subsejuent council at New Echota which the commissioners it was well 
known and understood, were authorized and instructed to convene for said 
purpose; and since the said delegation have gone on to Washington city, with 
A view to close negotiations there, as stated by them notwithstanding they 
were officially informed by the United States commissioner that they would not 
be received by the President of the United States; and that the Government 
would transact no business of this nature with them, and that if a treaty was 
made it must be done here in the nation, where the delegation at Washington 
'last winter urged that it should be done for the purpose of promoting peace 
and harmony among the people; and since these facts have also been corrobo- 
rated to us by a communication recently received by the commissioner fron] 
the Government of the United States and read and explained to the people 
in open council and therefore believing said delegation can effect nothing and 
..since our difficulties are daily increasing and our situation is rendered more 
and more precarious, uncertain and insecure in consequence of the legislation 
of the States; and seeing no effectual way of relief, but in accepting the lib- 
eral overtures of the United States. 

And whereas Gen. William Carroll and John F. Schemerhorn were ap- 
pointed commissioners on the part of the United States, with full power and 
authority to conclude a treaty with the Cherokees east and were directed by 
the President to convene the people of the nation in general council at New 
Echota and to submit said propositions to them with power and authority to 
'vary the same so as to meet the views of the Cherokees in reference to its 

.4nd whereas the said commissioners did appoint and notify a general 
(council of the nation to convene at New Echota on the 2 1st day of Decem- 
ber 1835; and informed them that the commissioners would be prepared to 
make a treaty with the Cherokee people who should assemble there and those 
who did not come they should conclude gave their assent and sanction to 
whatever should be transacted at this council and the people having met in 
council according to said notice. 

Therefore the following articles of a treaty are agreed upon and con- 
■ciuded between William Carroll and John F. Schermediorn commissioners 
on the part of the United States and the chiefs and head men and people of 
the Cherokee nation in general council assembled this 29th day of Dec. 18^5. 

Cherokees Relinquish to United States all Their Lands East of The Mississippi. 

Article 1. The Cherokee nation hereby cede, relinquish and convey to 
the United States all the lands owned, claimed or possessed by them east of 
the Mississippi river, and hereby release all their claims upon the United 
States for spoliations of every kind for and in consideration of the sum of 
five millions of dollars to be expended, paid and invested in the manner stipu- 


lated and agreed upon in the following articles. But as a question has arisen 
between the commissioners and the Cherokees whether the Senate in their 
Resolution by which they advised "that a sum not exceeding five millions of 
dollars be paid to the Cherokee Indians for all their lands and possessions east 
of the Mississippi river" have included and made any allowance or considera- 
tion for claims for spoliations it is therefore agreed on the part of the United 
States that this question shall be again submitfed to the Senate for their con- 
sideration and decision and if no allowance was made for spoliations thai 
then an additional sum of three hundred thousand dollars be allowed for the 

Treaty of May, 1828, and Feb., 1833, Referred to. Art .2. Whereas by the 
treaty of May 6th 1828 and the supplementary treaty thereto of Feb. 14tli 
183 3 with the Cherokees west of the Mississippi the United States granted and 
secured to be conveyed by patent, to the Cherokee nation of Indians the fol- 
lowing tract of country "Beginning at a point on the old western territorial 
line of Arkansas Territory beginning twenty-tive miles north from the point 
where the territorial line crosses Arkansas river, thence running from said 
north point south on the said territorial line where the said territorial line 
crosses Verdigris river; thence down said Verdigris river to the Arkansas River, 
thence down said Arkansas to a point where a stone is placed oppposite the 
east or lower bank of Grand river at its junction with the Arkansas; thence 
running south forty-five degrees and west one mile; thence in a straight line 
to a point four miles northerly, from the mouth of the north fork of the Cana- 
dian; thence along the said four mile line to the Canadian; thence down the 
Canadian to the Arkansas; thence down the Arkansas where the eastern 
Choctaw boundary strikes said river and running thence with the western line 
of Arkansas Territory as now delined, ti:i the southwest corner of Missouri; 
thence along the western Missouri line to the land assigned the Senecas, 
thence on the south line of the Senecas to Grand river as far as the south line 
of the Osage reservation, extended if necessary; thence up and between said 
south Osage line extended west if necessary, and a line drawn due west from 
the point of beginning to a certain distance west, at which a line running north 
and south from said Osage line to said due west line will make seven millions 
of acres within the whole described boundaries. In addition to the seven mil- 
lions of acres of land thus provided for and bounded, the United States further 
guaranty to the Cherokee nation a perpetual outlet west, and a free and un- 
molested use of all the country west of the western boundary of seven millions 
of acres, as far west as the sovereignty of the United States and their right of 
soil extend : 

Proviso. Provided however: That if the saline or salt plain on the western 
prairie shall fall within said limits prescribed for the said outlet, the right is re- 
served to the United States to permit other tribes of red men to get salt on said 
plain in common with the Cherokees; And letters patent shall be issued by the 
United States as soon as practicable for the land hereby guaranteed." 

Additional Land Conveyed to The Nation, Etc. And whereas it is 
apprehended by the Cherokees that in the above cession there 
is not contained sufficient quantity of land for the accommodation o" 


the whole nation on their removal west of the Mississippi the United States 
in consideration of the sum of five hundred thousand dollars therefore hereby 
covenant and agree to convey to the said Indians, and their descendants by 
patent, in fee simple the following additional tract of land situated between 
the west line of the State of Missouri and the Osage reservation beginning at 
■the Southeast corner of the same and running north along the east line of the 
Osage lands fifty miles to the northeast corner thereof; and thence east to 
the west line of the State of Missouri; thence with said line south fifty miles; 
thence west to the place of beginning; estimated to contain eight hundred 
thousand acres of land; but it is expressly understood that if any of the lands 
assigned the Quapaws shall fall within the aforesaid bounds the same shall be 
reserved and excepted out of the lands above granted and a pro rata reduc- 
tion shall he made in the price to be allowed to the United States for the same 
by the Chernkees. 

Further Agreement. 1830, ch. 148. Right to Establish Forts, Etc. 
Article 3. The United States also agrees that the lands above ceded by 
the treaty of Feb. 14, 183 3, including the outlet, and those ceded by this 
treaty shall all be included in one patent executed to the Cherokee nation 
of Indians by the President of the United States according to the provisions 
of the act of May 28, 1830. It is, however, agreed that the military reser- 
vation at Fort Gibson shall be held by the United States. But should the 
United States abandon said post and have no further use for the same it shall 
revert to the Cherokee nation. The United States shall always have the 
right to make and establish such post and military roads and forts in any 
part of the Cherokee country, as they may deem proper for the interest and 
protection of the same and the free use of as much land, timber, fuel and 
materials of all kinds for the construction and support of the same as may 
be necessary; provided that if the private rights of individuals are interfered 
with, a just compensation therefore shall be made. 

Osage Titles to Reservations to be Extinguished. Article 4. Ihe 
United States also stipulate and agree to extinguish for the ben- 
efit of the Cherokees the title to the reservations within their country 
made in the Osage treaty of 1825 to certain half-breeds and for this purpose 
•they hereby agree to pay the persons to whom the same belongs or have 
been assigned or to their agents or guardians whenever thev shall execute 
after the ratification of this treaty a satisfactory conveyance for the same, 
to the United States, the sum of fifteen thousand dollars according to a sched- 
ule accompanying this treaty of the relative value of the severarreservations. 

Missionary Reservations to be Paid For. And whereas these several 
treaties between the United States and the Osage Indians, the Union 
and Harmony Missionary reservations which were established for their 
benefit ^ are now situated within the country ceded by them to 
the United States; the former being situated in the Cherokee "country and 
tne latter in the State of Missouri. It is therefore agreed that the United 
States shall pay the American Board of Commissioners for Foreign Missions 
tor the improvements on the same what they shall be appraised by Capt. 


Geo. Vashon Cherokee, sub-agent Abraham Redfield and A. P. Chouteau or 
such persons as the President of the United States shall appoint and the money 
allowed for the same shall be expended in schools among the Osages and 
improving their condition. It is understood that the United States are to 
pay the amount allowed for the reservations in this article and not the Chero- 

Land Perinamently Ceded to the Nation. Article 5. The United 
States hereby covenant and agree that the lands ceded to the 
Cherokee nation in the foregoing article shall, in no future time 
without their consent, be included within the terriorial limits or jurisdiction of 
any State or Territory. But they shall secure to the Cherokee nation the right 
by their national councils to make and carry into effect all such laws as they 
may deem necessary for the government and protection of fhe persons and 
property within their own country belonging to their people or such persons 
as have connected themselves with them: provided always that they shall 
not be inconsistent with the constitution of the United States and such acts 
of Congress as have been or may be passed regulating trade and intercourse 
with the Indians; and also, that they shall not be considered as extending to 
such citizenship and army of the United States as may travel or reside in the 
Indian country by permission according to the laws and regulations establish- 
ed by the Government of the same. 

Peace to be Preserved. Art. 6. Perpetual peace and friendship shall ex- 
ist between the citizens of the United States and the Cherokee Indians. The 
United States agree to protect the Cherokee nation from domestic strife and 
foreign enemies and against internecine wars between the several tribes. Th.; 
Cherokees shall endeavor to preserve and maintain the peace of the country 
and not make war upon their neighbors they shall also be protected against in- 
terruption and intrusion from citizens of the United States, who may attempt 
'to settle in the country without their consent; and all such persons shall be 
removed from the same by order of the President of the United States. But 
this is not intended to prevent the residence among them of useful farmers 
mechanics and teachers for the instruction of Indians according to treaty 

Congress May Allow a Delegate From the Cherokee Nation. Article 7. 
great progress in civilization and deeming it important that every proper and 
laudable inducement be offered to their people to improve their condition as 
well as guard and secure in the most eftectual manner the rights guaranteed 
to them in this treaty, and with a view to illustrate the liberal and enlarged 
policy of the Government of the United States towards the Indians in their 
removal beyond the territorial limits of the States, it is stipulated that they 
.shall be entitled to a delegate in the House of Representatives of the United 
States \\-henever Congress shall make provisions for the same. 

Expenses of Removal to be Paid by United States. Article 8. The 
United States also agree and stipulate to remove the Cherokees 
to their new homes and to subsist them one year after their arriv- 
al there and that a sufficient number of steamboats and barge-wagons shall 


be furnished to remove them comfortably, and so as not to endanger their 
health, and that a physician well supplied with medicines shall accompany 
each detachment of emigrants removed by the Government. Such persons 
and families as in the opinion of the emigrating agent are capable of subsist- 
ing and removing themselves shall be permitted to do so; and they shall be 
allowed in full for all claims for the same twenty dollars for each member 
of their family; and in lieu of their one year's rations they shall be paid the 
sum of thirty-three dollars and thirty-three cents if they prefer it. 

Such Cherokees also as reside at present out of the nation and shall 
■remove with them in two years west of the Mississippi shall be entitled to 
allowance for removal and subsistence as above provided. 

Agents to Value Improvements Made by Cherokees. Article 9. 
The United States agree to appoint suitable agents who shall 
make a just and fair valuation of all such improvements now in the possession 
of the Cherokees as add any value to the lands; and also of the ferries own- 
ed bv them, according to their net income; and such improvements and ferries 
from which they have been dispossessed in a lawful manner or under any exist- 
ing law of the State where the same may be situated. 

The just debts of the Indians shall be paid out of any monies due them 
for their improvements and claims; and they shall also be furnished at the 
discretion of the President of the United States with a sufficient sum to enable 
them to obtain the necessary means to remove themselves to their new homes, 
and the balance of their dues shall be paid them at the Cherokee agency west 
of the Mississippi. The Missionary establishments shall also be valued and 
appraised in a like manner and the amount of them paid over by the United 
States to the treasurers of the respective missionary societies by whom they 
have been established and improved in order to enable them to erect such 
buildings and make such improvements among the Cherokees west of the 
Mississippi as they may deem necessary for their benefit. Such teacherrs at 
present among the Cherokees as this council may select and designate shall 
be removed west of the Mississippi with the Cherokee nation and on the same 
.terms allowed to them. 

The President to make investments in productive stock. Article 10 
The President of the United States shall invest in some safe and most pro- 
ductive public stocks of the country for the benefit of the whole Cherokee 
nation who have removed or shall remove to the lands assigned by this 
treaty to the Cherokee nation west of the Mississippi the following sums 
as a permanent fund for the purposes hereinafter specified and pay over 
the net income of the same annually to such persons as shall be authorized 
or appointed by the Cherokee nation to receive the same and their 
receipt shall be full discharge for the amount paid to them viz: the sum of 
two hundred thousand dollars in addition to the present annuity of the nation 
to constitute a general fund the interest of which shall be applied annually by 
ithe council of the nation to such purposes as they may deem best for the 
general good of their people. The sum of fifty thousand dollars to consti- 
.tute an orphans' fund the annual income of which shall be expended towards 


the support and education of such orphan children as are destitute of the 
means of subsistence. The sum of one hundred and fifty thousand dollars in 
addition to the present school fund of the nation shall constitute a perm- 
anent school fund, the interest of which shall be applied annually by the 
council of the nation for the support of common schools and such a literary 
institution of a higher order as may be established in the Indian country. And 
in order to secure as far as possible the true and beneficial application of the 
orphans' and school fund the council of the Cherokee nation when required 
.by the President of the United States shall make a report of the applicatio!i 
of those funds and he shall at all times have the ris^ht if the funds have been 
misapplied to correct any abuse of them and direct the manner of their ap- 
plication for the purposes for which they were intended. The council of the 
nation may by giving two years' notice of their intention withdraw their funds 
by and with the consent of the President and Senate of the United States, and 
invest them in such manner as they may deem most proper for their interest. 
The United States also agree and stipulate to pay the just debts and claims 
against the Cherokee nation held by the citizens of the same and also the 
just claims of citizens of the United States for services rendered to the nation 
and the sum of sixty thousand dollars is appropriated for this purpose but n? 
claims against individual persons of the nation shall be allowed and paid b\- 
the nation. The sum of three hundred thousand dollars is hereby set apart 
.to pay and liquidate the just claims of the Cherokees upon the United States 
for spoliations of every kind, that have not been already satisfied under form- 
er treaties. 

Commutation cf school fund. Article 11. Ihe Cherokee nation or 
Indians believing it will be for the interest of their people to have all their 
funds and annuities under their cwn direction and future disposition herehv 
agree to commute their permanent annuity of ten thousand dollars for the 
sum of two hundred and fourteen thousand dolllars, the same to be invested 
by tl:e President of the United States as a part of the general fund of the 
nation; and their present school fund amounting to about fifty thousand 
dollars shall constitute a part of permanent school fund of the nation. 

Provision respecting CheTokees averse to removal. Article 12. Those 
Individ. lals and families of the Cherokee nation that are averse to a removal 
to the Cherokee country west of the Mississippi and are desirous to become 
citizens of the States where they reside and such as are qualitied to take 
care of themselves and their property shall be entitled to receive their due 
portion of all the personal benefits accruing under this treaty for their claims, 
improvements and per capita; as soon as an appropriation is made for this 

Such heads of Cherokee families as are desirous to reside within the 
States of North Carolina, Tennessee and Alabama subject to the laws of the 
same; and who are qualified or calculated to become useful citizens shall be 
entitled, on the certificate of the commissioners to a preemption right to one 
hundred and sixty acres of land or one quarter section at the minimum Con- 
gress price; so as to include the present buildings or improvements of those 


who now reside there and such as do not live there at present shall be per- 
mitted to locate within two years any lands not already occupied by persons 
entitled to pre-emption privileges under this treaty and if two or more fam- 
ilies live on the same quarter section and they desire to continue their resi- 
dence in these States and are qualified as above they shall, on receiving- their 
pre-emption certitlcate be entitled to the right of pre-emption to such lands as 
:they may select not already taken by any person entitled to them under this 


It is stipulated and agreed between the United States and the Cherokee 
people that John Ross, James Starr, George Hicks, John Gunter, George 
Chambers, John Ridge, Elias Boudinot, George Sanders, John Martin, William 
Rogers, Roman Nose Situwake and John Timpson shall be a committee on the 
part of the Cherokees to recommend such persons for the privilege of preemp- 
tion rights as may be deemed entitled to the same under the above articles and 
,to select the missionaries who shall be removed with the nation; and that 
they be hereby fully empowered and authorized to transact all business on 
the part of the Indians which may arise in carrying into effect the provisions 
of this treatv and settling the same with the United States. If any of the 
persons above mentioned should decline acting or be removed by death; the 
vacancies shall be filled by the committee themselves. 

It is also understood and agreed that the sum of one hundred thousand 
dollars shall be expended by the commissioners in such manner as the com- 
mittee may deem best for the benefit of the poorer class of Cherokees as 
shall remove west or have removed west and are entitled to the benefits of 
this treaty. The same to be delivered at the Cherokee agency west as soon 
after the removal of the nation as possible. 

Settlement of claims for former reservations. Article 13. In order to 
make a final settlement of all the claims of the Cherokees for reservations 
granted under former treaties to any individuals belonging to the nation 
by the United States it is therefore hereby stipulated and agreed and ex- 
pressly understood by the parties of this treaty — that all the Cherokees 
and their heirs and descendants to whom any reservations have been 
made under any former treaties with the United States, and who have 
not sold or conveyed the same by deed or otherwise and who in the 
opinion of the commissioners have complied with the terms on which 
the reservations were granted as far as practicable in the several cases; and 
which reservations have since been sold by the United States shall constitute 
a just claim against the United States and the original reservee or their heirs 
or descendants shall be entitled to receive the present value thereof from 
the United States as unimproved lands. And all such reservations as have 
not been sold by the United States and where the terms on which the reser- 
vations were made in the opinion of the commissioners have been complied 
with as far as practicable, they or their heirs or descendants shall be entitled 
to the same. They are hereby granted and confirmed to them — and also 


rail persons who were entitled to reservations under the treaty of 18 17 an^.l 
who as tar as practicable in the opinion of the commissioners, have com- 
plied with the stipulations of said treaty, althou,i;h by the treaty of 1819 such 
^reservations were included in the unceded lands belonging- to the Cherokee 
nation are hereby confirmed to them and they shall be entitled to receive a 
grant for the same. And all such reservees as were obliged by the laws of 
the States in which their reservations were situated, to abandon the same or 
purchase them from the States shall be deemed to have a just claim against 
(the United States for the amount by them paid to the States with inerest 
thereon for such reservations and if obliged to abandon the same, to the 
present value of such reservations as unimproved lands but in all cases where 
.the reservees have sold their reservations or any part thereof and conveyed 
tne same by deed or otherwise and have been paid for the same, they their 
heirs or descendants or their assigns shall not be considered as having any 
claims upon the United States under the article of the treaty nor be entitled 
to receive any compensation for the lands thus disposed of. It is e.xpressh' 
understood bv the parties of this treaty that the amount to be allowed for 
.reservations under this article shall not be deducted out of the consideration 
money allowed to the Cherokees for their claims for spoliations and the 
cession of th.eir lands; but the same is to lie paid for independently by the 
United States as it is only a just fulfillment of former treaty stipulations. 

Pensions to certain warriors. Article 14. It is also agreed on the part 
of the United States that such warriors of the Cherokee nation as were en- 
gaged on the side of the United Sta*:es in the late war with Great Britain 
and the southern tribes of Indians, and who were wounded in such service 
shall be entitled to such pensions as shall be allowed them by the Congres•^ 
of the United States to commence from the period of disabilit\. 

Funds to be divided among the Indians. Article 15. It is expressly 
understood and ai^reed between the parties to this treaty that after deducting; 
the amount which shall be actually expended for the payment for improve- 
ments, ferries, claims, for spoliations, removal subsistence and debts and 
claims upon the Cherokee nation and for the additional quantity of land.-, 
and t^oods for the poorer class of Cherokees and the several sums to be 
inveskd for the general national funds; provided for in several articles of 
this treaty the balance whatever the same may be shall be equally divided 
between all the people belonging to the Cherokee nation east according to 
the census just completed; and such Cherokees as have removed west since 
June 183 3 who are entitled by the terms of their enrollment and removal 
to all the benefits resulting from the tinal treaty between the United States 
and the Cherokees east they shall also be paid for their improvements ac- 
cording to their approved value before their removal where fraud has not 
already been shown in their valuation. 

Indians to remove in two years. Article 16. It is hereby stiplated and 
agreed by the Cherokees that they shall remove to their new homes within 
two years from the ratification of this treaty and that durmg such time the 
United States shall protect and defend them in their possessions and property 


and frt'e use and occupation of the same and such persons as have been dis- 
possessed of their improvements and houses; and for which no grant haj 
actuallv ii'sued previously to the enactment of the law of the State of Georgia, 
of December 1835 to regulate Indian occupancy shall be again put in posses- 
sion and placed in the same situation and condition, in reference to the laws 
of the State of Georgia, as the Indians that have not been dispossessed; and 
if this is not done, and the people left unprotected, then the United States 
shall pay the several Cherokees for their losses and damages sustained by 
them in consequence thereof. And it is also stipulated and agreed that the 
public buildings and improvements on which they are situated at New Echota 
for which no grant has been actually made previously to the passage of the 
above recited act if not occupied by the Cherokee people shall be reserved 
for the public and free use of the United States and the Cherokee Indians for 
the purpose of settling and closing all the Indian business arising under this 
treaty between the commissioners of claims and the Indians. 

The United States, and the several States interested in the Cherokee 
■lands shall immediately proceed to survey the lands ceded by this treaty; but 
'it is expressly agreed and understood between the parties that the agency 
buildings and that tract of land surveyed and laid off for the use of Colonel 
R. J. Meigs Indian agent or heretofore enjoyed and occupied by his successors 
'in office shall continue subject to the use and occupancy of the United States, 
or such agents as may be engaged especially superintending the removal of 
'the tribe. 

Commissioners to settle claims. Article 17. All the claims arising 
under or provided for in the several articles of this treaty, shall be examined 
and adjudicated by such commissioners as shall be appointed by the United 
States by and with the advice and consent of the Senate of the United States 
for that purpose and their decision shall be final and on their certificate of the 
amount due the several claimants they shall be paid by the United States. 
All stipulations in former treaties which have not been superseded or annulled 
by this shall continue in full force and virtue. 

United Spates to make advances for provisions, clothing, etc. Article 

18. Whereas in consequence of the unsettled alfairs of the Cherokee 
people and the early frosts, their crops are insutficient to support their 
families and great distress is likely to ensue and whereas the nation will not, 
until after their removal be able advantageously to expend the income of the 
permanent funds of the nation it is therefore agreed that the annuities of the 
nation whkh may accrue under this treaty for two years, the time fixed for 
then- removal shall be expended in provisions and clothing for the benefit 
ot the poorer class of the nation; and the United States hereby agree to ad- 
vance the sum for that purpose as soon after the ratification of 'this treaty 
as ;ui appropriation for the same shall be made. It is however not intended 
,.n this article to interfere with that part of the annuities due the Cherokees 
west by the treaty of 1 8 19. 


Treaty Binding When Ratified. Article 19. This treaty aftji the same 
ishall be ratified l\v the President and Senate of the United States shall be ob- 
ligatory on the contracing paries. 

Article 20. [Supplemental article. Stricken out by Senate.] 

In testimony whereof, the commissioners and the chiefs, head men, and 
people whose names are hereunto annexed, being duly authorized by the 
people in general council assembled, have aflixed their hands and seals for 
.themselves ,and in behalf of the Cherokee nation. 

I have examined the foregoing treaty, and although not present when it 
was made, I approve its provisions generally, and therefore sign it. 

Wm. Carroll, 
J. P. Schermerhorn. 

Major Ridge, his x mark; James Foster, his x mark; Test-ta-esky, his x 
mark; Charles Moore, his x mark; George Chambers, his x mark; Tah-yeske, 
his X mark; ArchiUa Smith, his x mark; Andrew Ross; William Lassley; Cae- 
te-hee, his x mark; Te-gah-e-ske, his x mark; Robert Rogers; John Gunter; 
John A. Bell; Charles F. Foreman; William Rogers; George W. Adair; Ellas 
Boudinot; James Starr, his x mark; Jesse Half-breed, his x mark [L. S.] 

Signed and sealed in presence of — 

Western B. Thomas, secretary; Ben F. Currey, special agent; M. Wolfe 
Batman, first lieutenant, sixth U. S. Infantry, disbursing agent; John L. Hoop- 
er, lieutenant, fourth Infantry; C. M. Hitchcock, M. D., assistant surgeon, U. 
S. A.; G. W. Currey; Wm. H. Underwood; Cornelius D. Terhune; John W. 

In compliance with instructions of the council at New Echota, we sign 
this treaty. 

Stand Watie, 
John Ridge. 

March 1, 1836. 


Elbert Herring, Alexander H. Everett, John Robb, L). Kurtz, Wm. Y. 
Hansel], Samuel J. Potts, John l.itle, S. Rockwell. 

Dec. 31, 1835. 7 Stat., 487. Whereas the western Cherokees have 
appointed a delegation to visit the eastern Cherokees to assure them of the 
ifriendly disposition of their people and their desire that the nation should 
again be united as one people and to urge upon them the expediency of ac- 
cepting the overtures of the Government; and that, on their removal they 
may be assured of a hearty welcome and an equal participation with them in 
all the benefits and privileges of the Cherokee country west and the undersign- 
ed two of said delegation being the only delegates in the nation from the west 
at the signing and sealing of the treaty lately concluded at New Echota be- 
tween their eastern brethren and the United States; and having fully under- 
stood the provisions of the same they agree to it in behalf of the western 
Cherokees. But it is expressly understood that nothing in this treaty shall 


affect any claim of the western Cherokees on the United States. 

In testimony wehereof, we have, this 3 1st day of December. 1835, here- 
unto set our hands and seals. 

James Rogers, 
John Smith. 
Delegates from the western Cherokees. 

Ben. F. Curry, special agent. 
M. VV. Batman, first lieutenant. Sixth Infantry. 
Jno. L. Hooper, lieutenant, Fourth Infantry. 
Elias Boudinot. 

Schedule and estimated value of the Osage half-breed reservations within 
the territory ceded to the Cherokees west of the Mississippi, (referred to in 
article 5 on the foregoing treaty,) viz: 

Augustus Clamont one section $6,000 

James " " " 1,000 

Paul " " " 1,300 

Henry " " " 800 

Anthony " " " 1,800 

Rosalie " " " 1,800 

Emilia D., of Mihanga 1,000 

Emilia D, of Shemianga 1.300 

SI 3,000 

I hereby certify that the above schedule is the estimated value of the 
Osage reservations; as made out and agreed upon with Col. A. P. Choteau 
who represented himself as the agent or guardian of the above reservees. 

J. F. Schermerhorn. 

March 14, 1835. 

March 1, 1836. 7 Stat., 488. Proclamation, May 23, 1836. Supple- 
mentary article to a treaty concluded at New Echota, Georgia, December 29, 
1835, between the United States and Cherokee people. 

Whereas the undersigned were authorized at the general meeting of the 
Cherokee people held at New Echota as above stated, to make and assent to 
such alterations in the preceding treaty as might be thought necessary, and 
whereas the President of the United States has expressed his determination 
not to allow any pre-emptions or reservations his desire being that the whole 
Cherokee people should remove together and establish themselves in the 
country provided for them west of the Mississippi river. 

Preemption rights declared void. Article 1. It is therefore agreed that 
all the pre-emption rights and reservations provided for in article 1 2 and 1 3 
'shall be and are hereby relinquished and declared void. 

Article 2. Whereas the Cherokee people have supposed that the sum of 
live millions of dollars fixed by the Senate in their resolution of day of 


March, 1835, as the value of the Cherokee lands and possessions east of the 
Mississippi river was not intended to include the amount which may be requir- 
ed to remove them, nor the value of certain claims which many of their 
people had against citizens of the United States, which suggestion has been 
.confirmed by the opinion expressed to the War Department by some of the 
Senators who voted upon the question and whereas the President is willing 
that this subject should be referred to the Senate for their consideration and 
if it was not intended by the Senate that the above-mentioned sum of live 
millions of dollars should include the objects herein specified that in that case 
such further provision should be made therefor as might appear to the Senate 
to be just. 

Allowance in lieu of preemptions, etc. Article 3. It is therefore agreed 
that the sum of six hundred thnusand dnllars shall be and the same is herebv 
allowed to the Cherokee people to include the expense of their removal, and 
■all claims of every nature and description against the Government of the 
United States not herein otherwise expressly provided for, and to be in lieu 
of the said reservations and pre-emptions and of the sum of three hundred 
thousand dollars for spoliations described in the 1st article of the above-men- 
tioned treaty. This sum if six hundred thousand dollars shall be applied and 
distributed agreeably to the provisions of the said treaty, and any surplus which 
may remain after removal and payment of the claims so ascertained shall be 
turned over and belong to the education fund. 

But it is expressly understood that the subject of this arcicle is merely 
referred hereby to the consideration of the Senate and if they shall approve 
the same then this supplement shall remain part of the treatv. 

Provisions for agency reservations not to interfere, etc. Article 4. It is 

also understood that the provisions in article 16, for the agency reservation 
is not intended to interfere with the occupant right of anv Cherokees should 
'their improvement fall within the same. 

It is also understood and agreed, that the one hundred thousand dollars 
appropriated in article 12 for the poorer class of Cherokees and intended as 
a set-oft' to the pre-emption rights shall now be transferred from the funds 
of the nation and added to the general national fund of four hundred thousand 

Expense of negotiations to be defrayed by the United States. Article 5. 

The necessary expenses attaching the negotiations of the aforesaid treaty and 
supplement and also of such persons of the delegation as may sign the same 
.shall be defrayed by the United States. 

in testimony whereof, John F. Schermerhorn, commissioner on the part 
of the United States, and the undersigned delegation have hereunto set their 
hands and seals, this first day of March, in the year one thousand eight hun- 
dred and thirty-six. 

J. F. Schermerhorn. 


Major Ridge, his x mark; James Foster, his x mark; Tah-ye-ske, his x 
mark; Long- Shell Turtle, his x mark; ohn Fields, his x mark; George Welch, 
his X mark; Andrew Ross; William Rogers; John Gunter; John A. Bell; Jos. 
A. Foreman; Robert Sanders; Ellas Boudinot; Johnson Rogers; James Starr, 
his X mark; Stand Watie; John Ridge; James Rogers; John Smith, his x 
mark, [L. S.] 

Witnesses: Elbert Herring, Thos. Glascock, Alexander H. Everett, Jno. 
Garland, Major, U. S. Army, C. A. Harris, John Robb, Wm. Y. Hansell. 
Saml. J. Potts, S. Rockwell. 

Chief Ross strenuously objected to it. Slowly and tediously the United 
.States labored to its fulfillment. Emigration officers backed by an army whicli 
■was at first under General John E. Wool and later under General Winfield, 
two of the most humane officers of the army were dispatched to the Chero- 
kee nation to superintend the imigration. 

Chief Ross was informed of the unalterable intention of the government, 
by the following communication : 

"War Department, March 24, 183 7. 

Gentlemen: Your memorial of the l6th instant, addressed to the Pres- 
ident of the United States, has been laid before him; and I now proceed to 
communicate to you his decision upon the proposition you have submitted. 

The treaty concluded at New Echota, on the 29th of December, 183 5, 
has been ratified, according to the forms prescribed by the constitution and 
it is the duty of the Executive to carry into effect all its stipulations, in a 
spirit of liberal justice. The considerations to which you have invited the at- 
tention of the President were brought to the notice of the Senate, before they 
advised its confirmation, and of the House of Representatives, before they 
made appropriations therein provided for. Their final action must be regard- 
ed as the judgment of these branches of the Government, upon the degree of 
weight to which they were entitled. It remains for the Executive to fultill the 
treaty, as the supreme law of the land. 

Your second and third propositions, therefore, it is considered, cannot 
be acceded to, as they involve an admission that the treaty of 1835 is an in- 
complete instrument. To your first proposition I can only answer as the De- 
partment has already assured you, that any measure suggested by you will re- 
jceive a candid examination, if it be not inconsistent with, or in contraven- 
ition of. the provisions of the existing treaty. 
Very respectfully. 

Your most obedient servant, 

J. R. Poinsett. 
Messrs. John Ross, R. Taylor, James Brown, Samuel Hunter, John Benger. 
George Sanders, John Looney, Aaron Price, William Dutch and Wm. S. 
Goody, Eastern and Western Cherokees. 


Chief Ross exerted his influence among his people against the idea of 
emigration until July 1838. If a member' o'f the council died, resigned, wai 


expelled or removed west, his place in the body was tilled bv appointment by 
Chief Ross. 

"Proposition of Cherokee dele.i;ation to General Scott. 

Amohe District, Aquohee Camp, 

July 23, 1838. 

Sir: In respectfully presenting- for your consideration the following 
suggestions in relation to the removal of the Cherokee people to the West, 
it may be proper very briefly to advert to certain facts which have an im- 
portant bearing on the subject. 

It is known to you. sir, that the undersigned, delegates of the Cherokee 
nation, submitted to the honorable Secretary of War the project of a 
treaty, on the basis of a removal of the Cherokee nation from all "the lands 
now occupied by them eastward of the Mississippi" and on terms the most 
of which the honorable Secretary expresses himself as "not unwilling to grant." 
The present condition of the Cherokee people is such, that all disputes as to 
the time of emigration are set at rest. Being already severed from their homes 
and their property — their persons being under the absolute control of the 
commanding general and being altogether dependent on the benevolence and 
humanity of that high officer for the suspension of their transportation to the 
West at a season and under circumstances in which sickenss and death were 
to be apprehended to an alarming extent, all inducements to prolong their stay 
in this country are taken away; and, however strong their attachment to the 
homes of their fathers may be, their interest and their wishes now are only 
■to depart as early as may be consistent with their safety, which will appear 
:from the following extract from their proceedings on the subject: 

Resolved by the national committee and council and people of the Chero- 
kee Nation, in general council assembled. That it is the decided sense and 
desire of this general council that the whole business of the emigration of 
our people shall be undertaken by the nation; and the delegation are hereby 
advised to negotiate the necessary arrangements with the commanding gen- 
eral for that purpose. 

In conformity, therefore, with the wishes of our people, and with the 
fact that the delegation has been referred by the honorable Secretary o!" 
War to conclude the negotiation, in relation to emigration, with the com- 
manding general in the Cherokee country, we beg leave, therefore, very re- 
.spectfullly to propose; 

That the Cherokee nation will undertake the whole business of removins( 
their people to the West of the Mississippi; 

That the emigration shall commence at the time stipulated in a pledge 
•given to you by our people, as a condition of the suspension of their trans- 
portation until the sickly season should pass away, unless prevented by some 
cause which shall appear reasonable to yourself; 

That the per capita expense of removal be based on the calculation of 
one wagon and team, and six riding, being required for fifteen persons; 

That the Cherokees shall have- the selection of physicians and other per- 
sons as may be required for the safe and comfortable conducting of the sev- 



eral detachments to the place of destination, their compensation to l^e paid 
hv the United States. 

We have the honor to be your obedient servants, 

John Ross, 
Elijah Hicks, 
Edward Gunter, 
Samuel Gunter,, 
White Path, 
Richard Taylor. 
Major General Winlield Scott, 

U. S. Army, Commanding, etc." 

General Scott acceded to the proposition of the Cherokee delegation on 
Julv 23, 1838 with the understanding that the Cherokees take every pre- 
caution to get all of the Cherokees except certain ones that had been allowed 
':to stay and become citizens of the States and such of the treaty party as might 
object to removal under the superintendence of Ross and his associates'. The 
arrangement was linally concurred in on the 2 7th of July, " and General Scott 
fixed the date for the departure of the lirst contingent on the lirst day of Sep- 
tember 3. On July 3 1st the committee submitted an estimate of transporta- 
tion for each thousand emigrants, distance eight hundred miles at eighty days 
.travel, with twenty persons to the wagon: 
Fifty wagons and teams at a daily expense of S35o. including forage S28,000. 

Returning, seven dollars for each twenty miles 14,000 

250 extra horses, at 40 cents each per day 8,000. 

Ferriages, etc. 1,000. 

80,000 rations at 16 cents each 12,800. 

Conductor, at five dollars per day 400 

Assistant conductor at three dollars per day 240. 

Physician at five dollars per day 40o 

Returning SI 5. for every hundred miles 120. 

Commissary at S2.50 per day 2()o. 

Assistant commissary at S2.00 per day 100. 

Wagon master, at $2.50 per day 200. 

Assistant wagon master, at S2.00 per day l6o. 

Interpreter, at S2.5o per dav 200. 

Total S65.880. 

"Cherokee Agency, August 1, 1838. 
Gentlemen: in your note of yesterday, y'ou estimate that $65,880. will 
be the necessary cost of every thousand Cherokees emigrated by land from 
this to their new country. 

As I have already stated to some of you in conversation, I think the esti- 
mate an extravagant one. 

Take the principal item, or basis of your calculation; one wagon and five 
^saddle horses for every twenty souls. 


I lia\e already consented, with a view to Ii,t;hten the moveniL'nt by land, 
that all the sick, the crippled and superannuated of the nation should be left 
at the depots until the rivers be a.i^ain navigable for steamboats. All heavy 
articles of property, not wanted on the road may wait for the same mode of 

deducting the persons just mentioned, I am confident that it will be 
found that among- every thousand individuals, taken in families, without selec- 
tion, there are at least 5 00 strong men, women, boys and girls not only cap- 
able of marching twelve or fifteen miles a day, but to whom the exercise 
would be beneficial, and another hundred able to go on foot half that distance 
daily. There would then be left according to your basis, onl\ four hundred 
and fifty individuals, most of them children, to ride, and children are light. 
The 250 saddle horses or ponies would accommodate as many riders; leav- 
,ing but 200 souls to be steadily transporied in fifty wagons, or only four to 
a wagon. 

Now, the wagons are large, and each drawn by five or six horses, (as 
must be presumed from your high estimate of seven dollars for each wagon 
going and returning) it strikes me that one such team and five horses ought 
•to accommodate, on the route, thirty or thirty-five emigrants including sub- 
sistence for a day or two, from depot to depot. 

I repeat, that I do not absolutely reject or cut down your estimate (which 
I think also too high) in putting down the rations at sixteen cents each. The 
whole expense of the emigration is to be paid out of appropriations already 
made by Congress, the general surplus of which is to go to the Cherokee na- 
tion in various forms; therefore, they have a direct interest in conducting the 
movement as economically as comfort will permit. Nevertheless, for the 
reasons stated, I wish the several items of the estimate submitted be reconsid- 

I remain, gentlemen, yours respectfully. 

'Winfield Scott. 
Messrs. J. Ross, E. Hicks, J. Brown and others, agents, etc."' 



Chief, November, 1875, to November, 1879. 




The Emmigro.tion From Georgia. Cost Detachment. Resolutions 
of Protest. Political Differences. Civil War Averted. 

Under the provisions of tlie treaty of 183 5 and the congressional acts 
to carry it into effect the Cherokee Nation was entitled to $6,537,634. By 
the treaty $600,000 were set aside from this amount to defray the expenses 
of removal-. The detachments were placed under the following conductors: 


No. 1. 













The number of emigrants turned over to each conductor was kept by 
Captain Page of the United States army and Captain Stephenson of the 
United States army made the official report of those that were mustered out 
in the west. 



Arrived west Days on 


Hair Conrad 

August 28, 18 38 

January 17, 1838 


Elijah Hicks 


1, 1838 

January 4, 1839 


Rev. Jesse Bushyhead 


3, 1838 

February 2 7, 1839 


John Bengi 


28, 1838 

January 11, 18 39 




7, 1838 

February 2, 1839 


Captain Old Field 


24, 18 38 

February 2 3, 1839 


Moses Daniel 


20, 1838 

March 2, 1839 




14, 1838 

March 1, 1839 


James Brown 


10, 1838 

March 5, 1839 


George Hicks 


7, 1838 

March 14, 1839 


Richard Taylor 


20, 1838 

March 24, 1839 


Peter Hildebrand 


23, 1838 

March 25, 1839 


John Drew 


5, 1838 

March 18, 1839 














































92 1 







103 1 






1 120 


1 150 










1 1 1 8 

1 1 















1 1494 






The original contract for removal was at the rate of $65.88 per capita, 
to which was added by agreement, Jt proportion of three pounds of soap to 
every hundred rations, at fifteen cents per pound? making the cost of the 



removal of each individual §66.24"'. On this basis, Captain Page, as dis- 
as "Superintending- Agent of the Cherokee Nation for Cherokee Removal"^ 
bursing agent of the government paid on November 13. 183 8 to John Ross 

General Scott agreed to the proposal of Chief Ross that if the estimated 
eighty days were found in any instance a longer period than was necessary 
for emigration of any detachment that the ditTerence should be refunded by 
Chief Ross to General Scott and if a longer time should be required by any 
of the detachments that Chief Ross should be paid proportionately for the 
contract of August I, 183 8 was merely an estimate subject to the later 
agreement and accordingly tiled a claim for an additional $486, 939. So'^. 
This claim was refused by Secretary of War, Poinsett and President Van 
Bu^en, but was allowed and paid by John Bell, Secretary of War under John 
Tyler on September 6, 1841'', just one week before he relinquished the ofi'ice. 
This second award brought the amount that Chief Ross received for the re- 
moval to $1,263,338.38 or at the rate of $103.25 per head'. This amount 
was deducted from the sum that the Cherokees received for their land east 
of the Mississippi River under the provisions of the treaty of 183 5-. 
The number of wagons and teams with each of the detachments, were: 


Wagons and 



ed for return of 



wagons and teams 




SI 0080. 







3 34 
















4 15 









1 1 760. 





1 1 








Before leaving the Eastern Cherokee Nation, the following resolution 
was passed by their council. In the light of later happenings, this act is of 
prime importance, as it shows the spirit of the emigrants. 

"Whereas, the title of the Cherokee people to their lands is the most 
ancient, pure, and absolute, known to man; its date is beyond the reach of 
human record; its validity confirmed and illustrated by possession and en- 
joyment, antecedent to all pretense of claim by any other portion of the 
iumian race: 

And whereas, the free consent of the Cherokee people is indispensable 
to a valid transfer of the Cherokee title; and whereas, the said Cherokee 
people have, neither by themselves nor their representatives, given such con- 
sent; It follows, that the original title and ownership of said lands still rest 


in the Cherokee Nation, unimpaired and absolute: 

Resolved, therefore, by the Committee and Council and People of the 
Cherokee Nation in General Council assembled, that the whole Cherokee 
territory, as described in the first article of the treaty of 1819 between the 
United States and the Cherokee Nation, and, also, in the constitution of the 
Cherokee Nation, still remains the rit;htful and undoubted property of the 
said Cherokee Nation; and that all damages and losses, direct or indirect, 
resnltino from the enforcement of the alk\5ed stipulations of the pretended 
treaty of New Echota, are in justice and equity, char,t;eable to the account 
of the United States. 

And whereas, the Cherokee people have existed as a distinct national 
community, in the possession and exercise of the appropriate and essential 
attributes of sovereignty, for a period extending into antiquity beyond the 
dates and records and memory of man: 

And whereas, these attributes, with the rights and franchises which they 
involve, have never been relinquished by the Cherokee people; but are now 
in full force and virtue: 

And whereas, the natural, political, and moral relations subsisting among 
the citizens of the Cherokee Nation, toward each other and towards the 
body politic, cannot, in reason and justice, be dissolved by the expulsion of 
the nation from its own territory by the power of the United States Govern- 

Resolved, therefore, by the National Committee and Council and People 
of the Cherokee Nation in General Council assembled, that the inherent 
sovereignty of the Cherokee Nation, together with the constitution, laws, and 
usages, of the same, are, and, by the authority aforesaid, are hereby declared 
to be, in full force and virtue, and shall continue so to be in perpetuity, 
subject to such modifications as the general welfare may render expedient. 

Resolved, further. That the Cherokee people, in consenting to an in- 
vestigation of their individual claims, and receiving payment upon them, and 
for their improvements, do not intend that it shall be so construed as yielding 
or giving their sanction or approval to the pretended treaty of 1835; nor as 
compromising, in any manner, their just claim against the United States here- 
after, for a full and satisfactory indemnification for their country and for 
all individual losses and injuries. 

Be it further resolved, That the principal chief be, and he is hereby, 
authorized to select and appoint such persons as he may deem necessary and 
suitable, for the purpose of collecting and registering all individual claims 
against the United States, with the proofs, and report to him their proceedings 
as they progress. 

President of the National Committee. 
Speaker of the Council. 
Captain Broom. " Katetah, 

Toonowee, Richard Foreman 


Samuel Foreman, William, 

Howester, Beaver Carrier, 

Samuel Christy, Kotaquasker. 

Si^ened by a committee in behalf of the whole people. 

Aquohee Camp. August 1, 1838^. 

Upon arriving- in the western Cherokee Nation Chief John Ross settled 
at Park Hill. Many of the emigrants camped in the vicinity of his residence, 
the earliest written communication from this camp which was known as 
"Camp Illinois," was dated April 23, 1839\ The emigrants camped at this 
place in large numbers through the spring and summer of that year. 

The following letter was written by Chief Ross to the western Cherokees. 
"Friends: Through the mysterious dispensations of Providence, we have been 
permitted to meet in general council on the border of the great plains of 
the West. Although many of us have, for a series of years past, been 
separated, yet we have not and cannot lose sight of the fact, that we are all 
of the household of the Cherokee family, and of one blood. We have already 
met, shook hands, and conversed together. In recognizing and embracing 
each other as countrymen, friends and relations, let us kindle our social fire, 
and take measures for cementing our reunion as a nation, by establishing the 
basis for a government suited to the condition and wants of the whole people, 
whereby wholesome laws may be enacted and administered for the security 
and protection of property, life, and other sacred rights, of the community. 
Our meeting, on this occasion, is full of interest, and is of peculiar importance 
to the welfare of our people. I trust, therefore, that harmony and good 
understanding will continue to prevail, and that the questions which may 
come up for consideration will be maturely weighed previous to a Ihial 

The following letter was sent to the Chiefs of the Western Cherokees. 

Friends: On the 8th of December, 18^6, I had the satisfaction, with 
other delegates who were associated with me, of meeting our Western 
brethren in council, held at Tolunteesky, and submitting before them the 
proceedings of the Cherokee Nation, east, in general council held at Red 
Clay on the 28th September, 1836, and of receiving the unanimous ap- 
proval of the council of the western Cherokee to the same; and also being 
associated with a delegation appointed by them for the purpose of co-oper- 
ating and uniting with us in a joint ef!"ort to negotiate a treaty with the 
United States, for the best interests of the whole Cherokee people. Th; 
joint proceedings of these delegations, and the result of the mission, have 
been fully made known to you. Since that period, the eastern Cherokees 
have done no act to compromise or detract from any of the sentiments ex- 
pressed in relation to those matters. But after the seizure and captivity of 
the whole Cherokee people east, by the military power of the United States 
Government, a set of resolutions was adopted in general council expressive 
of their sentiments, and reaffirming all their previous acts in relation to the 
rights and interests of the nation. From these facts, it will be clearly seen 
that the great body of the people who have recently been removed into this 


country, cniiorated in their nr.tional character, with all the attributes, from 
time immemorial, which belonged to them as a distinct community, and 
which they have never surrendered; and, although being compelled by the 
strong arm of po\\'er to come here, yet, in doing so, they have not trespassed 
or infringed upon any of the rights and privileges of the people are equal. 
Notwithstanding the late emigrants received in their national capacity, and 
constitute a large majority, yet there is no intention nor desire on the part 
of their representatives to propose or require any thing but what may be 
strictlv equitable and just, and satisfactory to the people. Being persuaded 
that these feelings will be fully reciprocated, 1 trust the subject matter of 
this council will be referred to the respective representatives of the eastern 
and western people; and that, in their joint deliberations, we may speedily 
come to some satisfactory conclusion for the permanent reunion and welfare 
of our nation. Without referring in detail to our acknowledged treaties, and 
other documentary facts to show, I will conclude by remarking that there are 
great interests of a public and private character yet to be adjusted with the 
Government of the United States, and which can only be secured by a jusi 
and amicable course on the part of our nation. The injuries and losses sus- 
tained by the nation from the whites, in violation of treaty stipulations, 
holds a strong claim on the justice of the people and Government of tl;e 
United States, which it is to be hoped will, in the end, be remunerated. The 
tenure of the soil on \\hich we now stand, and the relations u'hich shall 
hereafter exist between our nation and the United States, are questions of 
the tirst magnitude, and necessary to be understood and clearly defined by 
a general compact, for the security and protection of the permanent welfare 
and happiness of our nation. Let us never forget this self-evident truth; 
that a house divided against itself, cannot stand; or, united we stand, divided 
we fall. 


June 10, 183Q.'"- 

It will be noticed that Chief Ross did not address this letter to any one, 
and in that maimer evaded a written recognition of the western Cherokee 
otlicers and that he did not append to his signature the customary -'Principal 
Chief" and thereby palliated differences. 

By stating "a set of resolutions was adopted in general council expressive 
of their sentiments, and reaffirming all their previous acts in relation to the 
rights and interests of the nation. From these facts, it will be clearly seen 
that the great body of the people who have recently been removed into this 
country, emigrated in their national character, with all the attributes, from 
time immemorial, which belonged to them as a distinct community, and 
which thev have never surrendered." Reference was made to the act in the 
old nation, at Aquohee on August 1, 1838. This act was unknown to the 
western Cherokees, but was published at Washington in H. R. Doc. No. 12') 
subsequent to March 12, 1840 after which time it became, for the lirst time, 
accessible to the western Cherokees". The purport of the preceding article 
obscured by "they have not trespassed or infringed upon any of the rights 


and privileges of tliose who were here previous to themselves," caused the 
following correspondence to he issued by President Vann of the National Coun- 
cil (Western). 

"Takattokah, June 1 1, 1<S.^Q. 
The national council is unable to act understandingly upon the pro- 
positions of our brother emigrants from the eastern Cherokee Nation. The 
subject seems to have been too ambiguously presented by them to be under- 
stood what their views and real wishes are. The national council respect- 
fullv request that the chiefs would ask Messrs Ross and Lowry to state, in 
writing, what they really wish and desire, and to give them in as plain and 
simple manner as possible, in order that no misconstruction can be had upon 
the subject. After which, the council will act upon it according to your re- 
quest, and, if possible, to the satisfaction of our brothers. 

A. M. VANN, President National Council. 
Messrs. John Brown, Jolm Looney and John Rogers, 
Chiefs Cherokee Nation. 

We hand this to Messrs. Ross and Lowry. and hope the request of the 
council will be complied with as soon as convenient. 
John Brown, 

John Looney, 
John Rogers. 

"Council Ground, June 13, 1839. 
Gentlemen: From the note which you sent us, it appears that you have 
been requested to ask us, to state in writing what we really wish and desire. 
We take pleasure to state distinctly, that we desire to see the eastern and 
western Cherokees become united, and again live as one people, and our sin- 
cere wish is, that this desirable and important object may be harmoniously ac- 
complished, to the satisfaction and permanent welfare of the whole Cherokee 

The representatives of the eastern Cherokees have this day had this im- 
portant subject under consideration, and have adopted a set of resolutions in 
reference to it, based upon the strict rules of equity and justice, which we 
take pleasure in laying before you, with the hope that it may also be adopted 
by the representatives of the western Cherokees. 
We are, gentlemen, your obedient servants, 
George Lowry, John Ross, 

Chiefs of the Eastern Cherokees. 
Messrs, John Brown, John Looney and John Rogers, 

Chiefs of the Western Cherokees.'" 

"Takattokah, June 13, 183". 

Whereas, the people of the Cherokee Nation east, having been captured 

and ejected from the land of their fathers by the strong arm of the military 

power of the United States Government, and forced to remove west of the 

river Mississippi: 


And, whereas, previous to the commencement of the emigration, meas- 
ures were adopted in general council of the whole nation on the 31st of Julv 
and August 1st, iSiS, wherein the sentiments, rights, and interests of the 
Cherokee people were fully expressed and asserted; and, whereas, under these 
proceedings the removal took place, and the late emigrants arrived in this 
country and settled among those of their brethren (who had previously emi- 
grated) on lands which had been exchanged for, with the United States, by the 
Cherokee Nation, for lands east of the river Mississippi; and, whereas, the re- 
union of the people, and the adoption of a code of laws for their future gov- 
ernment are essential to the peace and welfare of the whole Nation; and, it be- 
ing agreed upon, that the eastern and western Cherokees henceforward be 
united as a body politic, and shall establish a government west of the river 
Mississippi, to be designated the Cherokee Nation; therefore. 

Be it resolved, by the Committee and Council of the eastern and west- 
ern Cherokees, in General Council assembled, that the three chiefs of the 
eastern and western Cherokees each, to-wit: John Ross, George Lowrv and 
Edward Gunter. on the part of the Eastern Cherokees and John Brown, John 
Looney and John Rogers, on the part of the Western Cherokees, are hereby 
authorized and required to associate with themselves three other persons, to 
be selected by them from their respective council or committee, and who shall 
form a select joint committee, for the purpose of revising and drafting a code 
of laws for the government of the Cherokee Nation, and they be and are here- 
by required to lay the same before the general council of the nation to be held 

at Takattokah on the day of , 183^); and which, when apprnved, 

shall be immediately submitted to the people for their acceptance. 

Be it further resolved, that the respective laws and authorities of the 
Eastern and Western Cherokees shall continue to be exercised and enforced 
among themselves until repealed, and the new government which may be 
adopted, shall be organized and take etTect, and that in all matters touching 
the public interest of the nation with the Government of the United States 
and the Indian nations, the chiefs and representatives of the nation shall act 
understandingly and jointly in reference to the same, as well also, in the pas- 
sage of any new laws which may be adopted in council after this date affect- 
ing the rights, interests, and welfare of the people. 

Members of the Committee: 
Richard Taylor, President Nat. Com.; Daniel McCoy; Hair Conrad; 
Thomas Foreman; George Still; Richard Fields; G. W. Gunter; James 
Hawkins; Old Field; Chu-noo-las-kee; William Proctor; George Hicks; Nah- 
hno-lah; J. D. Woflord. 

Members of Council: 
Going Snake, Speaker; Situwakee; Soft Shell Turtle; Bean Stick; Tah- 
quoh; John Watts; James Spears; Money Crier; Charles; John Keyes; John 
Otterlifter; Small Back; Bark; Young Squirrel; Hunter Langley; Walter 
Downing; Walking Stick; Te-nah-lay-we-stah ; Peter. 

Takattokah. June 14, 1830. 

Gentlemen: The .National Council has taken up your proposition of 

June 13, 1839, and given them due consideration. You state that vour wish- 


es are to unite the people. As to that matter, it is believed by the National 
Council that the two people have already been united. Our chiefs have met 
their brother emigrants, and made them welcome in the country; they are, 
thereby, made partakers of all the existing laws in the country, enjoy all its 
benefits; and are, in every respect, the same as ourselves. Since our chiefs 
have made them welcome, they have come to the chiefs and taken them by the 
hand, and expressed great satisfaction with the manner in which they have 
been received. This is sufficient to justify the belief that the people are, in 
general, very well satisfied; consequently, the National Council cannot justify 
the course of keeping up the uniting question, merely to protract a debate, 
when the uniting of the people has already been fully and satisfactorily ac- 

As it respects your wishes for your original laws, created beyond the 
Mississippi, to be brought here, brought to life, and to have full force in this 
Nation, it is believed by the National Council that such an admission is, and 
would be, entirely repugnant to the government and laws of the Cherokee, 
Nation which would thereby create great dissatisfaction among the people. 
To admit two distinct laws or governments in the same country, and for the 
government of the same people, is something never known to to be admitted 
in any country, or even asked for by any people. 

A. M. Vann, 

President National Committee. 
Wm. Thornton, Clerk. 

Messrs. Ross and Lowry will please receive this as an answer to their 

Respectfully yours, 
John Brown, 
John Looney, 
John Rogers, 

Chiefs of the Cherokee Nation. 
Messrs. John Ross and George Lowry." ' 

"To the Committee and Council of the Eastern Cherokees 

Council Grounds, June 15, 1839. 

Gentlemen: Your proceedings of the I3th instant have been submitted 
before our Western brethren, as will be seen from the accompanying copy of 
a letter which we addressed to them; and the result of their deliberation on 
the subject will be found in the copy of a letter receivd from them, bearinv;' 
date of the 14th instant,, herewith annexed. 

You will no doubt feel the regret and surprise that we do, in relation to 
the singular views entertained and expressed by the signers of this letter. 

We deem it our duty to lay before you, at this time, the joint resolutions 
which were adopted by you, and approved by the people east of the Mississippi 
on the 2 1st of July and 1st of August 1838; and you, who are the immediate 
representative of the people, and as guardians of their rights, understandino- 
their interests, and knowing their sentiments, it is your bounden duty to obey 
their will when clearly and publicly expressed by themselves; therefore, should 


we fail in our representative capacity to come to any satisfactory or definite 
understanding with those who represent our brethren, in the adoption of meas- 
ures for reuniting- the people under some provisional arrangements for the 
establishing a new government, it will become your duty to consult the feel- 
ings and sentiments of the people, and to take steps for ascertaining their will 
in reference to this important subject. 

Respectfully submitted, 
John Ross, 
George Lowry. 
Messrs. Rd. Taylor, President Committee and 
Going Snake, Speaker of Council."' 
The two councils still met at Takatoka, although the meeting places 
were quite a distance apart and the deliberations of each were absolutely dis- 
tinct from the other. Upon receiving the above given communication from 
the Western Cherokee council through Chiefs Ross and Lowry the Eastern 
Cherokee council answered with : 

"Council Grounds, July 19, 1839. 
The National Committee and Council of the Eastern Cherokees hav- 
ing had under consideration the communication from those of the Western 
Cherokees, cannot but express their regret at the course pursued by their west- 
ern brethren, as well as the views entertained by them on a question so im- 
portant and so indispensable to the welfare of the great Cherokee family as 
the reunion of the two Nations. 

To the assertions made in that communication, that, "It is believed by 
the National Committee that the two people have already been united," we 
are compelled to refuse our assent. 

That the ancient integrity of the Eastern Nation should be dissolved, and 
her existence annihilated without discussion, without conditions, and without 
action of any kind, is utterly inconceivable; and the rejection by the represent- 
tatives of our western brethren, of the reasonable proposition to unite the 
two nations on the basis of the strictest rules of justice and equality, is an 
act equally unlooked for and surprising. Therefore, 

Resolved, that the declarations of the general council of the nation, at 
Aquohee Camp, on the lirst day of August, 1(S_5S, in reference to attributes 
of sovereignty, derived from our fathers, be, and they are hereby, reasserted 
and confirmed. 

Resolved, That the proceedings of the committee and council be forth- 
with laid before the people, that their sen^e may be had upon the subject. 

Richard Taylor, 

President National Committee. 
Going Snake, 

Speaker National Council. 
Joim Ross, 

George Lowry.'' 
A call was issued on June 20th for a "general council" of the people 
of the eastern and western Cherokees to met at the national council at 111- 


inois Camp Grounds on Monday the 3 1st day of July, 1839." It was signed 
by George Guess and Captain Bushyhead. On the twenty-first the following- 
notice was sent to Agent Stokes. 

"Takattokah Council Ground. 
June 2 1. 1830. 

Sir: We deem it our duty to address you on this occasion, for the pur- 
pose of conmiunicating the result of this general council. You are aware that 
the olijects for which it was convened were to effect a union of the eastern 
and western Cherokees and to take measures for remodeling their government 
and laws so as to meet the exigencies of both branches of the Cherokee family, 
and to provide equally for the tranquility and permanent welfare of the whole 
people. But we regret to say that the reasonable propositions submitted to 
the consideration of the representatives of our western brethren have not been 
received by them in a manner compatible with the wishes of the whole people. 
They require the unconditional submission of the whole body of the people, 
who have lately arrived, to laws and regulations, in the making of which thev 
have liad no voice. The attempt of a small minority to enforce thier will 
over a great majority contrary to their wishes appears to us to. be a course 
so repugnant to reason and propriety, that it cannot fail to disturb the peace 
of the community, and to operate injuriously to the best interests of the nation. 
We are not without hopes, however, that everything will yet be amicablv 
settled. The sense of the people who form a branch of this general council, 
has been expressed on the subject. They deem it essential to the welfare of 
the nation that the desired union should be formed, and equal and wholesouT^ 
laws established, by which the general prosperity and happiness of the countrv 
may be proomted; and to carry their wishes into eftect, they have called a 
national convention of the eastern and western Cherokees, to meet at Ill- 
inois Camp Ground, on Monday, July 1, 18 30. 

Under these circumstances, we feel it due to the interests of the late emi- 
grants, as well as to all concerned, to request, through your official authority, 
that no disbursements of moneys due to those whom we represent, nor any 
other business of a public character affecting their rights be made or transact- 
ed by the agent of the Government with any other Cherokee authority than 
the undersigned, until a reunion of the people shall be eifected. 

We have the honor to be, sir, very rsepectfully your friends and brothers, 
John Ross, Principal Chief, 
Richard Taylor, President National Com. 

George W. Gunter, George Hicks, Thomas Foreman, Hair Conrad, 
George Hicks, William Proctor, James Hawkins, James D. Woflord, George 
Still, Old Field, Nah-hoolah, Chu-noo-lu-hus-kee, Culsaltehee. 
Governor M. Stokes, 

United States Agent.'" 

Three men had been mainly instrumental in making the treaty of 183,5. 
They were Major Ridge, a full blood Cherokee of the Deer clan, born at 
Hiwassee in 1771. When still a young man he adopted the manner of living 
of the white man, mastered their language and became a well educated man. 
This course was at that time very unpopular, as the great mass of the Chero- 


kees were stil full Moods and very jealous of their old customs and anv full 
blood that would attempt in any way to take up the ways of the backwoods 
provincials was certain to incur the scorn of his tribesmen. But bv sheer force 
of character, integrity and worth he gradualy forced himself to a high place 
in the nation. He had been president of the committee and was a major ot 
the Cherokee allies of the Americans in the Creek war of l 8 14. His son, John 
Ridge, aged about forty years, had been educated in Cornwall. Connecticut, 
and had returned to the Cherokee nation in 1.S22. He was a close observer, 
a brilliant and convincing orator. The third of this trio was Elias Boudinot, 
born in 1804. He was the son of Oowatie, the interpretation of whose name 
was the ancient or revered. Oowatie was a full brother of Major Ridge. 
Killakeena or Buck (male deer) Oowatie or as they were later known as 
Watie, while on his way to school at Cornwall, where he attended with his 
cousin John Ridge, met in Philadelphia, Elias Boudinot of New Jersey, a 
signer of the national constitution and one of the most prominent men of his 
day. On account of some favor that he conferred, the boy Buck Watie 
adopted the name of his benefactor. Boudinot like his uncle and cousin had 
early ascended to high places in the councils of the nation and the three men 
seeing the hopeless condition of their exploited people in the east had made 
the treaty of 1<S35 that secured to the Cherokee Nation a splendid home in 
the west. Men of keen discernment, eloquent and fearless they were public- 
ists to be dreaded. 

Before daylight on the morning of Satiu'day, June 22, IS^O the home 
of John Ridge, near the northwest corner of Arkansas, was surrounded, en- 
tered and he was dragged into the _\ard where two men held his arms while 
others of their party stabbed him repeatedly and then severed his jugular vein. 
A few hours later during the same morning while his father, Major Ridge, 
was traveling southward along the Cherokee Nation — Arkansas line road, he 
was fired on by an ambushed party and killed. This was some twenty-five 
or thirty miles from the scene of the meurder of the son. At about the same 
time as the killing of Major Ridge, Elias Boudinot was shingling a new house 
near his residence and withing two miles of the residence of Chief John Ross. 
Three Cherokees appeared and requested medicine of a sick child of one of the 
party. Mr. Boudinot had studied medicine so that he could give gratuitous 
services and medicines to the needy. He started with them to get the re- 
quired treatment when one of the three stepping behind struck him in the spine 
with a bowie knife and his groan was the signal for the others to dispatch 
him with tomahawks. The place of his death was about thirty miles from 
the murder of Major Ridge and tifty miles from the assassination of John 
Ridge. Immediately after his death, Mrs. Boudinot sent word by Rufus Mc- 
Williams to Stand Watie and Watie sent his slave, Mike, to inform Johi> 
Adair Bell, and in this manner those two escaped mobs that hunted them. 
Three da_vs later a party that was hunting Stan Watie, searched the house of 
Rev. Samuel A. Worcester in their quest 

Chief Ross notified General Arbuckle on the twenty-second of the kill- 
ing of Elias Boudinot and that Mrs. Boudinot had informed him that Stan 


Watie had determined on raising a company of men for the purpose of tak- 
ing Ross' life. He further wrote "I trust that you will deem it expedient forth- 
with to interpose and prevent the effusion of innocent blood, by executing- 
your authority, in order that an unbiased investigation might be had in the 
matter."' General Arbuckle invited Chief Ross to the post at Fort Gibson if 
he still thought that there was any danger, he also invited Chiefs Brown. 
Looney and Rogers to come to the post by the twenty-fifth so that they might 
concert action to avoid civil strife." Chief Ross on the twenty-third asked that 
a detachment of troops be sent to protect him."' 

"Headquarters, Ind. Dept W. Division. 

Fort Gibson, June 24, 183^^. 

Dear Sir: A number of friends of Messrs Ridge and Boudinot are here. 
I have advised t-hem of your desire to have a full investigation of the late 
murders committed in your nation. This, they declare, is all they desire; and 
they have requested me to say to you that they expect that you will take im- 
mediate measures to have the murderers apprehended and brought to trial, 
agreeably to the laws of the Cherokee Nation. Justice to you requires that I 
should state to you that they have informed me that they have heard that some 
of the murderers are now at your house. If this is the case, I must believe 
that you are not apprized of the fact; and if, on inquiry, the report made to 
me on this subject is correct, the troops sent out will take charge of them if 
turned over, and convey them in safety to this post. I hope you will avail 
yourself of the opportunity of the command to visit this post, as I expect the 
chiefs named to you in my letter of the 23rd ultimo will be here this evening 
or early tomorrow morning. 

I am, sir, with much respect, your obedient servant. 

M. Arbuckle, 

Brevet Brig. General, U. S. A. 
John Ross, Esq. 
Principal Chief of the Emigrant Cherokees, Illinois." 

Chief Ross on account of the disturbed condition of artairs which caused 
'.bodies of men to congregate for protection or reprisal, both among the east- 
ern and western Cherokees, refused to attend the proposed meeting at Fort 
Gibson except that he be allowed to bring a large body guard of emigrant 
Cherokees with him. 

Fort Gibson, June 28, 1839. 

Friends and Brothers: We the undersigned, principal chiefs of the Chero- 
kee Nation, having been invited to this post by General Arbuckle, the com- 
mandant of the United States troops in this quarter, to take into consideration 
matters of the greatest importance to the peace and prosperity of our nation. 
We have met here in accordance with that invitation. 

We have received information that three of our people, or three Chero- 
kees who had been received as citizens of our nation, have been killed, and, it 
is believed, by some of the late emigrants. This has caused us much sorrow 
.ind distress. And we learn, further, that other Cherokees are threatened with 
death wholly or principally for their political acts. This is not all we have 


'O complain of, as it would appear from a communication made by John Ross 
and other principal men of the late emigrants to General Stokes, Cherokee 
Agent, under date of the 21st June, that the late emigrants have called what 
■'hey denominate a convention of the Cherokee Nation, on Monday, the 1st 
day of July next, to establish a government for the Cherokee Nation, with- 
out the least notice having" been given to the undersigned. It must he appar- 
ent to Mr. John Ross, and to those who have called this meeting, that these 
proceedings are altogether irregular; and we feel ourselves bound to protest 
against all acts that may be passed by the said', nominal convention of th^ 
Cherokee Nation, that may have the eflect to impair the free and undisturb- 
ed authority of said Nation as it existed and was in force before the arrival of 
• he late emigrants, all of whom have been received as friends and as citizens 
of the present Cherokee Nation, and allowed fully to participate and enjoy all 
the privileges and benefits thereby secured to the Cherokee people. It is be- 
lieved that this kind and just treatment on our part would have been received 
in the spirit in which it was offered; and that, if our present form of govern- 
ment was not altogether satisfactory to our brethren late in the east, they 
would, at an early period, have an opportunity of having a share in that gov- 
ernment, when the desired changes might be made. 

The undersigned wish nothing but peace and friendship from their broth- 
ers late from the east; but, as it appears they are not satisfied, and that mis- 
chief has already taken place, the undersigned, in the hope and wish to spare 
the futher shedding of Cherokee blood, will agree to meet their eastern 
brethren upon the following terms: 

That no individual of the Cherokee Nation shall be killed hereafter for 

their former political acts or opinions; that a convention of the Cherokee 

Nation shall be held at Fort Gibson, in which both parties shall be equally 

represented; and that the said convention shall have power to remodel the 

overnment of the Cherokee Nation. 

The undersigned do not wish to dictate, or arbitrarily to determine, the 
number of which this proposed convention shall consist; but they believe that 
sixteen men from each party, of good understanding and approved character, 
would be a sufficient number to form a convention calculated to harmonize 
and reunite the whole Cherokee people; and that they have power to elect a 

If these propositions are acceeded to, it is the sincere belief of the under- 
signed that it will tend to the reestablishment of peace and confidence in the 
Cherokee Nation, and greatly promote the happiness and prosperity of the 
people. If these just and reasonable propositions shall be accepted by our 
eastern brethren, we shall be much gratified; but if they are disregarded, and 
an appeal to arms be determined on, however much we may deplore the shed- 
ding of more Cherokee blood, and the disasters of such a conflict, we and our 
friends must meet it, as men unwilling to surrender our own rights, or to in- 
vade the rights of others. 

If we shall have the good fortune to hear that these propositions, how- 
ever uncalled for, are accepted by our eastern friends, we further propose, that 


he convention meet ;U Fort Gibson, on the twenty-tlfth day of July next, and 
proceed to consider and decide upon the important matters confided to them. 

The undersigned regard it as a respect due to themselves, and to the 
Cherokee people, distinctly to state to the principal men of the late emigrants, 
ihat they are not insensible of the indignity otfered to the Cherokee govern- 
■ment and themselves by the late outrages and acts which have been com- 
mitted in the Cherokee Nation by the late emigrants, and could not, for any 
other motive than that given, as the thought of making a further concession 
+o them, which they do not conceive they are in justice entitled to. 
John Smith, his x mark, John Rogers, 

John Looney, his x mark. John Brown, 

Executive Council. 

M. S'tokes, Agent for Cherokees, 

S. G. Simmons, 1st Lieut. 7th Infantry. 
John Ross, Esq.. 

And other chiefs and principal men of the emigrant Cherokees.'" 

Fort Gibson, June 20, 18^0. 
Gentlemen: We have the pleasure of enclosing, herewith, a com- 
munication to you from the chiefs of the Cherokee Nation, which we hope 
will be acceptable to you and your people who have arrived here of late from 
the east; as a compliance with the propositions now made to the late emigrants 
will, at an early period, enable them to enjoy a full participation in the gov- 
ernment of the Cherokee Nation, when such alterations in the government can 
be made as will secure justice to the whole nation. 

If the proposition now made to you by the old settlers be rejected, we 
can scarcely doubt that serious difficulties and misfortunes will happen to the 
Cherokee people at an early period, which we hope you will cordially assist 
us to prevent. We have done all we could with the chiefs' and others here 
to induce them to make the accompanying proposition to you, which we hope 
and believe you ought to accept, and that you should, without delay, take 
measures to prevent the further eftusion of Cherokee blood. A report was 
received here yesterday that a party of Cherokees are now ranging through 
the country about Honey creek, with the object of killing three Cherokees; 
two of them for former political oft'enses, and the other, as it is supposed, for 
an ortense of a personal nature. 

We believe that two governments cannot exist in the Cherokee Nation 
without producing a civil war, and are of the opinion that the government that \ 
existed before the arrival of the late emigrants should continue until it is 
Changed in a regular and peaceable manner. We hope that you will take the 
proposition of the chiefs into consideration, and make an early decision, as 
some of the chiefs and others will remain here until they know the result. 

We are, gentlemen, \\ith nuich respect, your obedient servants, 
M. Arbuckles, Brevet. Brig. General, U. S. A. 

^- '"^t^ikes, Agent for Cherokees. 


John Ross Esq. and other Chiefs, 

or Principal Men of the late emigrant Cherokees."' 

"Park Hill, June 30, ISV). 

Gentlemen: "^'ours, wiih the accompan_\ing communication, by Captain 
McCall, has been duly received, and is under serious consideration. 

We perfectly concide with your judg'ment that two governments cannot 
and ought not, fo exist in the Cherokee Nation any longer than arrange- 
ments can be made for uniting the two communities; and, in conformity witli 
these views, we have used our best endeavors to bring about this desirable 
^vent, in a manner which might be satisfactory to all parties and by which all 
-ights might be provided for, and the peace and well being of the Cherokees 
permanently secured. 

We claimed no jurisdiction over our western brethren, nor can we, con- 
sistent with the responsibilities with which our constitutents have invested us, 
recognize their jurisdiction over us. We claim to stand on equal ground; we 
ask for no concessions, nor for any admissions which would be humiliating in 
the slightest degree. We have no wish to trample on their laws, nor disre- 
gard their rights. And, as proof that we entertained no such disposition, we 
have not availed ourselves of the advantage of superior numbers in our in- 
tercourses with them. 

When they refused to mingle councils with us, for free conversation on 
our affairs, and requested that our wishes might be reduced to writing, we 
ottered to meet them on equal ground. But our just and reasonable over- 
tures were unconditionally rejected by them, and our communication treated 
with contempt. We have no disposition, however, to stand upon punctilios, 
but what are we to understand by the proposition now made (and even these, 
rigorous as they are, it appears, are yielded with reluctance, through your in- 
fluence and at your instance.) Is it required that the late emigrants relinquish 
all their rights, and appear before the western chiefs in the attitude of sup- 
pliants? if such be their wish, and we are compelled to say that we do nor 
believe our brethren, the western people, have the least desire to reduce us 
to so abject a condition. Indeed, they have expressed their sentiments; and, 
in the exercise of their inalienable and indefeasible rights, have appointed a 
.national convention for Monda_\', July 1, 18 3'^; and. for ourselves, \\-e are un- 
able to perceive any irregularity in their proceedings; they formed an integral 
branch of the late general council. Their acts were perfectly legitimate, and 
we cannot assume the responsibility of protesting against them, or of declar- 
ing them invalid. 

it appears to us that the western chiefs, in their communication, blend 
questions which, in their nature, are altogether separate and distinct, and, in 
so doing, have fallen into glaring inconsistencies. While the eastern Chero- 
kees are denied recognition in the character of a political community, and 
their representatives are by the western chiefs stripped of their oflicial re- 
lations to the people, it would seem somewhat out of character to lay on the 
shoulders of these private individuals the burden of controlling the ebulition 
of the public feeling, and stopping the effusion of Cherokee blood. Regard- 


less, however, of this inconsistency, we feel forward to use our influence and 
exert our utmost efforts to stay the hand of violence, and restore tranquility 
with the, least possible delay. 

We have thought it proper to say this much in advance, by Captain Mc- 
Call, the subject being still under serious consideration. Entertaining the hope 
that all excitement may be allayed, and a satisfactory accommodation speedily 

We have the honor to be, gentlemen, your obedient servants, 
iohn Ross, George Lowry, Edward Gunter, Lewis Ross. 

In behalf of the eastern Cherokees. 
Brig. Gen. M. Arbuckle, 

United States Army and 
His Excellency, Governor M. Stokes, 

United States Agent." 

P. S. Of the report of a party of Cherokees, "ranging through the 
country at Honey creek with the object of killing three Cherokees," we have 
heard nothing, except what is contained in your letter. But we beg you to be 
assured that no pains, on our part, shall be spared to put a stop to all such 

In answer to the letter of the western Cherokees inviting them to a con- 
ference to be held at Fort Gibson on the twenty-fifth day of July the eastern 
Cherokees reiterated their invitation to the western Cherokees to attend the 
convention to be held at Camp Illinois on July 1, 1839.- Chief Ross inform- 
ed William Armstrong, Superintendent of Indian Affairs, on June 3 0th that 
armed men were congregated in his vicinity "for the sole purpose of acting 
on the defensive."'" The convention was convened at the Illinois Camp 
ground on August 1, 1839. Two thousand Cherokees were in attendance In- 
cluding five old settlers: George Guess, Tobacco Will, David Melton, Looney 
Price and William Shory Coody.* Invitations were sent to the Old Settler 
chiefs on the second and fifth day of the month to attend and participate. But 
the fate of the Ridges and Boudinot and the large body of armed emigrants 
at the convention was not reassuring to free speech and action. 

"In National Convention, 
Illinois Camp ground, July 12, 1839. 

Sir: We deem it proper to report further to you, for your information, 
the proceedings of the national convention in reference to the late excite- 

In order effectually to stop the further effusion of blood, the convention 
has, by decree, buried all past grievances in oblivion, on the sole condition of 
the parties giving assurance to maintain the peace in future. 

Measures have been taken to inform those persons who claimed pro- 
tection at the fort of these proceedings so that the collecting their friends to 
"secure themselves from violence is rendered altogether needless. 

These provisions, which are in exact conformity with your wishes as well 
as with our own, will prove to you our determination to prevent mischief and 
to promote peace. 


We have the honor to be, sir, your friends and obedient, humble servants, 
George Lowry, President, i^eorge Guess, Vice President, 

Elijah Hicks, Secretary, John Ross. 

By order of the National Convention. 
Brevet Brig. Gen. M. Arbuckle, 

United States Army, Commanding.'" 

It was required by this act that the prominent treaty men to which it 
related should appear at the Illinois Council ground, confess their sorrow for 
having signed the treaty of 1835 and pledge themselves to live peaceably, 
upon which event they would be permitted to live, but would be inelegible to 
hold office in the nation of five years.^ This act was abrogated on January 
16. 1840.- 

Amnesty to the murderers of Boudinot and the Ridges was granted by: 

■'Know all men by these presents, that, in order to stop the further ef- 
fusion of blood, to calm the present unhappy excitement, and to restore peace 
and harmony and confidence in the community, we, the people of the eastern 
and western Cherokees in national convention assembled, in our name, and by 
the authority and the exercise of cur plenary powers, do ordain and decree, 
and by these presents it is ordained and decreed accordingly, that a full, free 
pardon and amnesty be, and is hereby granted to all persons, citizens of the 
eastern and western Cherokee nation, who may be chargeable with the act of 
murder or homicide, committed on the person of any Cherokee previously to 
the passage of this decree, whether the same may have been committed with- 
in the limits of the eastern or western Cherokee country or elsewhere. And 
by the authority aforesaid, we do further ordain and decree, that all persons so 
chargeable are, and by these presents are declared to be, fully exempted, re- 
leased, and discharged from all liability to prosecution, punishment, or dis- 
abilities of any kind whatever, on the aforesaid account; and that they be re- 
stored to the confidence and favor of the community, and to the enjoyment 
and protection, and benefits of the laws, to all intents and purposes, as if the 
act or acts for which they stand chargeable had not been committed. 

Given under our hands, at Illinois camp ground, this lOth day of July 
1839. By order of the national convention.' 

The following act of union between the eastern and western Cherokees 
was signed on August 12, 1839. 



November, 1879, to Jauuary, 1888 


Ad of Union Between The Eadern And Western Cherokees 

Where;is our Fathers have existed, as a separate and distinct Nation, in 
the possession and exercise of the essential and appropriate attributes of sover- 
eignty from a period extending into antiquity, beyond the records and mem- 
ory of man: And Whereas these attributes, with the rights and franchises 
which they involve, remain still in full force and virtue, as do also the national 
and social relations of the Cherokee people to each other and to the body 
politic, excepting in those particulars which have grown out of the provisions 
of the treaties of 1817 and 1819 between the United States and the Cherokee 
Nation, under which a portion of our people removed to this country and be- 
came a separate community: But the force of the circumstances having re- 
cently compelled the body of the Eastern Cherokees to remove to this country, 
thus bringing together again the two branches of the ancient Cherokee family, 
it has become essential to the general welfare that a union should be formed, 
and a system of government matured, adapted to their present condtion, and 
providing equally for the protection of each individual in the enjoyment of 
all his rights: 

Therefore we, the people composing the Eastern and Western Cherokee 
Nation, in National Convention assembled, by virtue of our original and un- 
alienable rights, do hereby solemnly and mutually agree to form ourselves 
into one body politic, under the style and title of the Cherokee Nation. 

In view of the union now formed, and for the purpose of making satis- 
factory adjustments of all unsettled business which may have arisen before 
the consummation of this union, we agree that such business shall be settled 
according to the provisions of the respective laws under which it originated, 
and the Courts of the Cherokee Nation shall be governed in their decisions 
accordingly. Also, that the delegation authorized by the Eastern Cherokees 
to make arrangements with Major General Scott for their removal to this 
country shall continue in charge of the business, with their present powers, un- 
til it shall be finally closed. And also that all rights and title to public Chero- 
kee lands on the east or west of the river Mississippi, with all their public in- 
terests which may have vested in either branch of the Cherokee family, wheth- 
er inherited from our Fathers or derived from any other source, shall hence- 
forward vest entire and unimpaired in the Cherokee Nation, as constituted 
by this union. 

Given under our hands, at Illinois Camp-ground, this 12th day of Jul;. 

By order of the National Convention: 

President of the Eastern Cherokees, 
GEORGE GUESS, his x mark. 

Eastern Cherokees: R. Taylor, V. P.; James Brown, V. P.; Te-ke-chu- 
las-kee, V P.; George Hicks; John Benge; Thomas Foreman; Archibald 
Campbell; Jesse Bushyhead; Lewis Ross; Edward Gunter; Te-nah-la-we-stah; 


Stephen Foreman; Daniel McCoy. By order of the National Convention. 
JOHN ROSS, Principal Chief Eastern Cherokees. 
GOING SNAKE, Speaker of Council. 

Western Cherokees: Tobacco Will, V. P.; David Melton, V. P.; John 
Drew, V. P.; George Brewer; Thomas Candy; Moses Parris; James Camp- 
bell; Loony Riley; Charles Gourd; Lewis Melton; Young Wolf; Charles 
Coodey; Ah-sto-la-ta; Jack Spears; Looney Price. By order of the National 
August 23, 1830. JOHN LOONEY, His x mark. 

Acting- Principal Chief Western Cherokees 

The foregoing instrument was read, considered, and approved by us this 
2 3d day of August, 1839. 

Aaron Price, Major PuUum, Young Elders, Deer Track, Young Puppy, 
Turtle Fields, July, The Eagle, The Crying Buffalo and a great number ot 
respectable Old Settlers and late Emigrants, too numerous to be copied. 

It being determined that a constitution should be made for the inchoate 
government, men were selected by its sponsors, from those at the IlIinoi> 
Camp ground, including as many western Cherokees as could be induced to 
sign it; their number being less than two dozen out of a total of eight thous- 
and.-' The constitution as drafted by William Shory Coody, was accepted by 
the Convention: 

Constitution of The Cherokee Nation. 

The Eastern and Western Clierokees having again re-united, and become 
one body politic, under the style and title of the Cherokee Nation: Therefore, 

We, the people of the Cherokee Nation, in National Convntion assembl- 
ed, in order to establish justice, insure tranquility, promote the common wel- 
fare, and secure to ourselves and our posterity the blessings of freedom — 
acknowledging, with humility and gratitude, the goodness of the Sovereign 
Ruler of the Universe in permitting us so to do, and imploring His aid and 
guidance in its accomplishment — do ordain and establish this Constitution for 
the government of the Cherokee Nation. 

Article I. 

Sec. 1. The boundary of the Cherokee Nation shall be that described 
in the treaty of 1833 between the United States and Western Cherokees, 
subject to such extension as may be made in the adjustment of the unfinished 
business with the United States. 

Sec. 2. The lands of the Cherokee Nation shall remain common prop- 
erty; but the improvements made thereon, and in the possession of the citizens 
of the Nation, are the exclusive and indefeasible property of the citizens re- 
spectively who made, or may rightfully be in possession of them: Provided, 
I hat the citizens of the Nation possessing exclusive and indefeasible right to 
their miprovements, as expressed in this article, shall possess no right or power 
to dispose of their improvements, in any manner whatever, to the United 
Mates individual States, or to individual citizens thereof; and that, whenever 
any citizen shall remove with his effects out of the limits of this Nation, and 


12 1 

become a citizen of any other Governnunt, all liis rights and privileges as a 
citizen of this Nation shall cease: Provided, nevertheless, That the National 
Council shall have power to re-admit, by law. to all the rights of citizenship, 
any such person or persons who may, at any time, desire to return to the 
Nation, on memorializing the National Council for such readmission. 

Article II. 

Sec. 1. The power of the Government shall be divided into three dis- 
tinct departments — the Legislative, the Executive, and the Judicial. 

Sec. 2. No person or persons belonging to one of these departments 
shall exercise any of the powers properly belonging to either of the others, 
except in the cases liereinafter expressly directed or permitted. 

Article III. 

Sec. 1. The Legislative power shall be vested in two distinct branches 
— a National Committee, and Council; and the style of their acts shall be — 
Be it enacted by the National Council. 

Sec. 2. The National Council shall make provision, by law, for laying 
ofi the Cherokee Nation into eight Districts; and if subsequently it should be 
deemed expedient, one or two may be added thereto. 

Sec. 3. The National Committee shall consist of two members from 
each District, and the Council shall consist of three members from each Dis- 
trict, to be chosen by the qualified electors in their respective Districts for 
two years; the elections to be held in the respective Districts every two years, 
at such times and place as may be directed by law. 

The National Council shall, after the present year, be held annually, to 
be convened on the first Monday in October, at such place as may be designat- 
ed by the National Council, or, in case of emergency, by the Principal Chief. 

Sec. 4. Before the Districts shall be laid off, any election which may 
take place shall be by general vote of the electors throughout the Nation for 
all offices to be elected. 

The first election for all the ofticers of the Government — Chiefs, Ex- 
ecutive Council, members of the National Council, Judges and Sheriffs — 
shall be held at Tah-le-quah before the rising of this Convention; and the 
term of service of all ofticers elected previous to the first Monday in October 
1839, shall be extended to embrace, in addition to the regular constitutional 
term, the time intervening from their election to the first Monday in October, 

Sec. 5. No person shall be eligible to a seat in the National Council but 
a free Cherokee male citizen who shall have attained to the age of twenty- 
five years. 

The descendants of Cherokee men by free women except the African 
race, whose parents may have been living together as man and wife, accord- 
ing to the customs and laws of this nation, shall be entitled to all the rights 
and privileges of this Nation, as well as the posterity of Cherokee women by 
all free men. No person who Is of negro or mulatto parentage, either by 


the father or mother's side, shall he eligible to hold any otl'ice of prolit, honor, 
or trust under this Government. 

Sec. 6. The electors and members of the National Council shall in al! 
cases, except those of treason, felony, or breach of the peace, be privileged 
from arrest during their attendance at elections, and at the National Council, 
in going to and returning. 

Sec. 7. In all elections by the people, the electors shall vote viva voce. 

All free male citizens, who shall have attained to the age of eighteen 
years shall be equally entitled to vote at all public elections. 

Sec. 8. Each branch of the National Council shall judge of the quali- 
fications and returns of its own members; and determine the rules of its pro- 
ceedings; punish a member for disorderly behaviour, and, with the concur- 
rence of two thirds, expel a member; but not a second time for the same of- 

Sec. 9. Each branch of the National Council, when assembled, shall 
choose its own officers; a majority of each shall constitute a quorum to do 
business, but a smaller number may adjourn from day to day and compel the 
attendance of absent members in such manner and under such penalty as 
each branch may prescribe. 

Sec. 10. The memliers of the National Council, shall each receive from 
the public Treasury a compensation for their services which shall be three 
dollars per day during their attendance at the National Council; and the mem- 
bers of the Council shall each receive three dollars per day for their services 
during their attendance at the National Council, provided that the same may 
be increased or diminished by law, but no alteration shall take efTect during 
the period of service of the members of the National Council by whom such 
alteration may have been made. 

Sec. 11. The National Council shall regulate by law by whom and in 
what manner, writs of elections shall he issued to fill the vacancies which may 
happen in either branch thereof. 

Sec. 12. Each member of the National Council, before he takes his 
seat, shall take the following oath, or aflirmation: 1, A. B. do solemnly swear 
(or affirm, as the case may be,) that 1 have not obtained my election by brib- 
ery, treats, or any undue and unlawful means used bv myself or others by niv 
desire or approbation for that purpose; that I consider mvself constitutionaH'v 

qualilied as a member of , and that on all questions "and measures which 

may come before me I will so give my vote and so conduct myself as in my 
judgment shall appear most conducive to the interest and prosperity of this 
Nation, and 1 will bear true faith and allegiance to the same, and to the ut- 
most ot my abihly and power observe, conform to, supp.ul and defend the 
Constitution thereof. 

^''^'C 13. No person who may be convicted of felony shall be eligible 
to any otfce or appointment of honor, profit, or trust within this Natiom 
TH r.^, ,' !'''"""'" ^°""'" ''^''" '^''1^'^ "le Vower to make all laws 

1 Nuio 'T- T ^^ il''- '"'• '"'" "'^"^^■^^>' =^"'^ P'-^P^'- f^-- the good 01 
tlK Nation, which shall not be contrary to this Constitution 


Sec. 15. It shall be the duty of the National Council to pass such laws 
as may be necessary and proper to decide differences by arbitration, to be 
appointed by the parties, who may choose that summary mode of adjustment. 

Sec. 16. No power of suspending- the laws of this Nation shall be ex- 
ercised, unless by the National Council or its authority. 

Sec. 1 7. No retrospective law, nor any law impairing- the obliuation of 
contracts, shall be passed. 

Sec. 18. The National Council shall have power to make laws for lay- 
ing and collecting taxes, for the purpose of raising a revenue. 

Sec. 19. All bills making appropriations shall originate in the National 
Committee, but the Council may propose amendments or reject the same; 
all other bills may originate in either branch, subject to the concurrence or re- 
jection of the other. 

Sec. 20. All acknowledged treaties shall be the supreme laws of the 
land, and the National Council shall have the sole power of deciding on the 
construction of all treaty stipulations. 

Sec. 2 1. The Council shall have ihe sole power of impeaching. All 
impeachments shall be tried by the National Committee. When setting for 
that purpose the member shall be upon oath or affirmation; and no person 
shall be convicted u-ithout the concurrence of two-thirds of the members pres- 

Sec. 2 2. The Principal Chief, assistant Principal Chief, and all civil 
officers shall be liable to impeachment for misdemeanor in office; but judg- 
ment in such cases shall not be extended further than removal from office 
and disqualification to hold an office of honor, trust, or profit under the Gov- 
ernment of this Nation. 

The party, whether convicted or acquitted, shall, nevertheless, be liable 
to indictment, trial, judgn-ient and punishment according to law. 

Article IV. 

Sec. 1. The Supreme Executive Power of this Nation shall be vested in 
a Principal Chief, who shall be styled the Principal Chief of the Cherokee 

The Principal Chief shall hold his office for the term of four years; and 
shall be elected by the qualified electors on the same day and at the places 
where they shall respectively vote for members of the National Council. 

The returns of the election for Principal Chief shall be sealed up and 
directed to the President of the National Committee, who shall open and pub- 
lish them in the presence of the National Council assembled. The person hav- 
ing the highest number of votes shall be Principal Chief; but if two or more 
shall be equal and highest in votes, one of them shall be chosen by joint vote 
of both branches of the Council. The manner of determining contested elec- 
tions shall be directed by law. 

Sec. 2. No person except a natural born citizen shall be eligible to the 
office of Principal Chief; neither shall any person be eligible to that office 
who shall not have attained to the age of thirty-five years. 


Sec. 5. There shall also be chosen at the same time by the qualified 
electors in the same manner for four years, an assistant Principal Chief, who 
shall have attained to the age of thirty-five years. 

Sec. 4. In case of the removal of the Principal Chief from office, or of 
his death or resignation, or inability to discharge the powers and duties of the 
said office, the same shall devolve on the assistant Principal Chief until the 
disability be removed or the vacancy filled by the National Council. 

Sec. 5. The National Council may by law provide for the case of re- 
moval, death, resignation, or disability of both the Principal and assistant 
Principal Chief, declaring what officer shall then act as Principal Chief until 
the disability be removed or a Principal Chief shall be elected. 

Sec. 6. The Principal Chief and assistant Principal Chief shall, at stated 
times, receive for their services a compensation which shall neither be in- 
creased nor diminished during the period for which they shall have been 
elected; and they shall not receive within that period any other emolument 
from the Cherokee Nation or any other Government. 

Sec. 7. Before the Principal Chief enters on the execution of his of- 
fice, he shall take the following oath or affirmation: 

"1 do solemnly swear, or affirm, that I will faithfully execute the duties 
of Principal Chief of the Cherokee Nation, and will, to the best of my ability, 
preserve, protect, and defend the Constitution of the Cherokee Nation." 

Sec. 8. He may, on extraordinary occasions, convene the National Coun 
cil at the seat of Government. 

Sec. 9. He shall from time to time, give to the National Council in- 
formation of the state of the Government, and recommend to their consider- 
ation such measures as he may deem expedient. 

Sec. to. He shall take care that the laws be faithfully executed. 

Sec. 11. It shall be his duty to visit the dilTerent districts at least once 
in two years, to inform himself of the general condition of the country. 

Sec. 12. The Assistant Principal Chief shall, by virtue of his office, 
aid and advise the Principal Chief in the administration' of the government at 
all times during his continuance in office. 

Sec. 1 i. Vacancies that may occur in offices, the appointment of which 
IS vested in the National Council, shall be filled by the Principal Chief during 
the recess of the National Council by granting commissions which shall expire 
at the end of the next session thereof. 

Sec. 14. Every bill which shall pass both branches of the National 
Council shall, before it becomes a law, be presented to the Principal Chief; if 
he approves, he shall sign it; but if not, he shall return it, with his objections 
hat branch m which it may have originated, who shall enter the objections 
Ih !f °"/he.r journals and proceed to reconsider it; if, after such recon- 

tt tZhr -h' .r'.'^'* ''''''''' ^'^^" ^S--" *° P^^^ the bill, it shall be 
en t toge her with he objections, to the other branch, by which it shall like- 

bo,: h w ,r "'.■:; ''"'''"' ^^ ^^^-^^'^^^^ °^ ^^^^ branch, it shall 
w Z liv. d"; K "7 '" ''"' '''' ""' '■^^"^"^'^ by the Principal Chief 
^^"'"" "V. da^s (Sundays excepted), after the same has been presented to 


him, it shall become a law in like manner as if he had signed it, unless the 
National Council, by their adjournment, prevent its return, in which case it 
shall be a law, unless sent back within three days after their next meeting. 

Sec. 15. Members of the National Council, and all officers, executive 
and judicial, shall be bound by oath to support the Constitution of this Nation, 
and to perform the duties of their respective offices with fidelity. 

Sec. 16. In case of disagreement between the two branches of the 
National Council with respect to the time of adjournment, the Principal 
Chief shall have power to adjourn the same to such time as he may deem 
proper; provided, it be not a period beyond the next constitutional meeting 

Sec. 17. The Principal Chief shall, during the session of the National 
Council, attend at the seat of government. 

Sec. 18. There shall be a council composed of five persons, to be ap- 
pointed by the National Council, whom the Principal Chief shall have full 
power at his discretion to assemble; he, together with the Assistant Principal 
Chief and the counselors, or a majority of them, may, from time to time, hold 
and keep a council for ordering and directing the affairs of the Nation ac- 
cording to law; provided, the National Council shall have power to reduce 
the number, if deemed expedient, after the first term of service, to a number 
not less than three. 

Sec. fO. The members or the executive council shall be chosen fur 
the term of two years. 

Sec. 20. The resolutions and advice of the council shall be recorded in 
a register, and signed by the members agreeing thereto, which may be called 
for by either branch of the National Council; and any counselor may enler 
his dissent to the majority. 

Sec. 2 1. The Treasurer of the Cherokee Nation shall be chosen by 
a joint vote of both branches of the National Council for the term of four 

Sec. 2 2. The Treasurer shall, before entering un the duties of his office, 
give bond to the Nation, with sureties, to the satisfaction of the National 
Council, for the faithful discharge of his trust. 

Sec. 23. No money shall be drawn from the Treasury but by warrant 
from the Principal Chief, and in consequence of appropriations made by law. 

Sec. 24. It shall be the duty of the Treasurer to receive all public 
moneys, and to make a regular statement and account of the receipts and 
expenditures of all public moneys at the annual session of the National 

Article V. 

Section 1. The judicial powers shall be vested in a Supreme Court, 
and such circuit and inferior courts as the National Council may, from time 
to time, ordain and establish. 

Sec. 2. The Judges of the Supreme and Circuit courts shall hold their 
commissions for the term of four years, but any of them may be removed 


from olTice on the address of two-thirds of each branch of the National 
Council to the Principal Chief for that purpose. 

Sec. 3. The Judges of the Supreme and Circuit courts shall, at stated 
times" receive a compensation which shall not be diminished during their 
continuance in oflice, but they shall receive no fees or perquisites of office, 
nor hold any other oflice of profit or trust under the government of this 
Nation, or any other power. 

Sec. 4. No person shall be appointed a judge of any of the courts until 
he shall have attained the age of thirty years. 

elected by the National Council, and there shall be appointed in each district 
Sec. 5. The Judges of the Supreme and Circuit courts shall be 
as many Justices of the Peace as it may be deemed expedient for the public 
good, whose powers, duties, and duration in otllce shall be clearly designated 
by law. 

Sec. 6. The Judges of the Supreme Court and of the Circuit Courts 
shall have complete criminal juridiction in such cases, and in such manner as 
may be pointed out by law. 

Sec. 7. No Judge shall sit on trial of any cause when the parties are 
connected [with him] by aliinity or consanguinity, except by consent of the 
parties. In case all the Judges of the Supreme Court shall be interested m 
the issue of any case, or related to all or either of the parties, the National 
Council may provide by law for the selection of a suitable number of persons 
of good character and knowledge, for the determination thereof, and who 
shall be specially commissioned for the adjudication of such cases by the 
Principal Chief. 

Sec. 8. .All writs and other process shall run "In the Name of the 
Cherokee Nation," and bear test and be signed by the respective clerks. 

Sec. 9. Indictments shall conclude — "Against the Peace and Dignity 
of the Cherokee Nation." 

Sec. 10. The Supreme Court shall, after the present year, hold its 
session annually at the seat of government, to be convened on the first Mon- 
day of October in each year. 

Sec. 11. In all criminal prosecutions the accused shall have the right 
of being heard; of demanding the nature and cause of the accusation; of 
meeting the witnesses face to face; of having compulsory process for ob- 
taining witnesses in his or their favor; and in prosecutions by indictment or 
information, a speedy public trial, by an impartial jury of the vicinage; nor 
shall the accused be compelled to give evidence against himself. 

Sec. 12. The people shall be secure in their persons, houses, papers, ami 
possessions from unreasonable seizures and searches, and no warrant to 
search any place, or to seize any person or thing, shall issue, without de- 
scribing them as nearly as may be, nor without good cause, supported by 
oath or atlirmation. 

Sec. 13. All persons shall be bailable by sutficient securities, unless 
for capital otlenses, where the proof is evident or presumption great. 


Article VI. 

Section 1. No person who denies the lieinsj- of a God or future statJ 
of reward and punishment, shall hold any office in the civil department in 
this Nation. 

Sec. 2. The free exercise of relisj'ious worship, and servins;- God with- 
out distinction, shall forever be enjoyed within the limits of this Nation; 
provided, that this liberty of consicence shall not be so construed as to 
excuse acts of licentiousness, or justify practices inconsistent with the peace 
or safety of this Nation. 

Sec. 3. When the National Council shall determine the expediency of 
appointing delegates, or other public agents, for the purpose of transacting 
business with the government of the United States, the Principal Chief shall 
recommend, and by the advice and consent of the National Committee, ap- 
point and commission such delegates or public agents accordingly. On all 
matters of interest, touching the rights of the citizens of this Nation, which 
may require the attention of the United States government, the Principal 
Chief shall keep up a friendly correspondence with that government through 
the medium of its proper officers. 

Sec. 4. All commissions shall be "In the Name and by the Authority 
of the Cherokee Nation," and be sealed with the seal of the Nation, and 
signed by the Principal Chief. The Principal Chief shall make use of his 
private seal until a National seal shall be provided. 

Sec. 5. A sheriff shall be elected in each district by the qualified electors 
thereof, who shall hold his office two years, unless sooner removed. Sliould 
a vacancy occur subsequent to an election, it shall be filled by the Principal 
Chief, as in other cases, and the person so appointed shall continue in office 
until the next regular election. 

Sec. 6. No person shall, for the same offense, be twice put in jeopardy 
of life or limb; nor shall the property of any person be taken and applied to 
public use without a just and fair compensation; provided, that nothing in 
this clause shall be so construed as to impair the right and power of the 
National Council to lay and collect taxes. 

Sec. 7. The right of trial by jury shall remain inviolate, and every 
person, for injury sustained in person, property, or reputation, shall have 
remedy by due course of law. 

Sec. 8. The appointment of all officers, not otherwise directed by this 
Constitution, shall be vested in the National Council. 

Sec. 0. Religion, mortality and knowledge being necessary to good 
government, the preservation of liberty, and the happiness of mankind, 
schools and the means of education shall forever be encouraged in this Na- 

Sec. 10. The National Council may propose such amendments to th=s 
Constitution as two-thirds of each branch may deem expedient, and the 
Principal Chief shall issue a proclamation, directing all civil officers of the 
several districts to promulgate the' same as extensively as possible within 
their respective districts at least six months previous to the next general 


election. And if, at tlie first session of tlie National Council, after such 
/■•eneral election, two-thirds of each branch shall, by ayes and noes, ratify 
such proposed amendments, they shall be valid to all intent and purposes, 
as parts of this Constitution; provided, that such proposed amendments shall 
be read on three several days in each branch, as well when the same ari 
proposed, as when they are ratified. 

Done in convention at Tahlequah, Cherokee Nation, this sixth day of 
September, 18^0. 

GEORGE LOWRY, President of the National Convention. 

Hair Conrad, his x mark; John Benge, his x mark; Archibald Campbell, 
his X mark; Thomas Candy; John Drew; George Guess, his x mark; Walter 
Scott Adair; Young Elders, his x mark; Will Shorey Coodey; Thomas Fore- 
man; Richard Taylor; Thomas Fox Taylor; O-kan-sto-tah Logan, his x 
mark; James Spears, his x mark; John Spears; Stephen Foreman; Young 
Glars, his x mark; Looney Price; Tobacco Will, his x mark; JV\ajor Pullum, 
his X mark; JV\oses Parris; George Washington Gunter; Kench Logan, his 
X mark; Young Wolf; Joseph Martin Lynch; Sal-la-tee-skee Watts, his x 
mark; George Brewer, his x mark; Joshua Buffington; Jesse Bushyhead; 
Jesse Russell; John Fletcher Boot, his x mark; Crying Buffalo, his x mark; 
Bark Flute, his x mark; Oo-la-yo-a, his x mark; Soft Shell Turtle, his x 
mark; Edward Gunter; Daniel Colston, his x mark; Lewis Ross; George 
Hicks; Tah-lah-see-nee, his x mark; James Brown; Charles Coodey; Riley 
Keys; Daniel McCoy; Lewis Melton. 

Adopted November 26, 1886. Proclamation by the Principal Chief. 

Whereas, The National Council adopted certain amendments to the Con- 
stitution of the Cherokee Nation and submitted the same to a general conven- 
tion of the people of the Cherokee Nation, called at Tahlequah, on the 26tb 
day of November, A. D. 1866, and which said amendments, with the preamble 
thereto attached, were in the following words, to-wit: 

Whereas, By the treaty executed at Washinglon, on the lOfh day of Julv, 
A. D. 1866, between the United Slates and the'cherokee Nation, throus^h its 
delegation, ratified by the Senate and officially promulgated by the PresidentN 
of the United States, August 1 1, 1866, certain things were agreed to between 
the parties to said treaty, involving changes in the Constitution of the Chero- 
kee Nation, which changes cannot be accomplished by the usual mode; and 

_ Whereas, It is the desire of the people and government of the Cherokee 
Nation to carry out in good faith all of its obligations, to the end that law and 
■ order be preserved and the institutions of their government maintained; there- 
to JV^ 'ff'.''^ ''■■ ^''' ^'''""'''' '^"""'^"' ''^hat the following; amendmenis 
the Constitution of the Cherokee Nation be submitted to a convention or 

dav of^N " r^'f l^ ''''"^^^'' ""^ T'^hl^quah, on the twenty-sixth (26th) 
at lie bvs H .""■ ?• "'"' ""'" '''' proclamation hereunto annexed, be 
rat.I.ed by said convention, then they shall be officially published, and declare i 


by tlK- Principal Chief to be, and siiall constitute a part, or parts, of the Con- 
stitution of the Cherolcee Nation. 



Section 1. The boundary of the Cherokee Nation shall be that described 
in the treaty of 183 3, between the United States and the Western Cherokees, 
subject to such modifications as may be made necessary by the 1 7th article of 
the treaty concluded at Washington City on the I9th day of Julv, 1866, be- 
tween the United States and the Cherokee Nation. 

Sec. 2. The lands of the Cherokee Nation shall remain common pro- 
perty until the National Council shall request the survey and allotment of the 
same, in accordance with the provisions of Article 20 of the treaty of l9th of 
July, 1866, be\\-een the United States and the Cherokee Nation. 

Section 1. The Upper House of the National Council, known as the 
National Committee, shall be hereafter known and styled the Senate of the 
Cherokee Nation, and shall consist of two Senators for every district in the 
Cherokee Nation. 

Sec. 2. The Council shall consist of two members from each district, 
and when a district shall have to exceed two hundred voters, it shall have an 
additional member, and for every additional two hundred voters in said district, 
upwards of four hundred, it shall have an additional member; provided, that 
when any district shall have less than one hundred voters according to the 
census, it shall still be entitled to one representative. 

Sec. 3. in order to ascertain and fix the representation to the Council, 
provided for above, shall be made before the tirst day of June, and shall gov- 
taken, as soon as practicable, a census of the population of the Cherokee Na- 
tion, according to districts. A second census shall be taken in like manner in 
the year 1870, and each ten years thereafter, and the National Council shall 
regularly apportion representation among the several districts, as provided in 
the preceding section, agreeably to such census. The first apportionment, 
provided for above, shall be made before the first day of June, and shall gov- 
ern the election to be held on the first Monday in .August, 1867. 

Sec. 4. The National Council shall, after the present year, be held 
annually, to be convened on the tirst Monday in November, at such place as 
may be designated by the National Council, or in case of emergency, by the 
Principal Chief. 

Sec. 5. No person shall be eligible to a seat in the National Council but 
a male citizen of the Cherokee Nation who shall have attained to the age of 
twenty-five years, and who shall have been a bona fide resident of the district 
in which he may be elected, at least six months immediately preceding sucii 
election. All native born Cherokees. all Indians, and whites legally members 
of the Nation by adoption, and all freedmen who have been liberated by volun- 
tary act of their former owners or by law, as well as free colored persons who 
were in the country at the commencement of the rebellion, and are now resi- 


dents therein, or who may return within six months from the I9th day of 
July, 1866, and their descendants, who reside within the limits of the Cherokee 
Nation, shall be taken, and deemed to be, citizens of the Cherokee Nation. 

Sec. 6. The members of the National Council shall each receive from 
the public treasury a compensation for their services, which shall be three dol- 
lars per day, during their attendance at the National Council upon any regular 
session, not exceeding thirty days; provided, that the per diem allowance may 
be increased or diminished by law; but no alteration shall take effect during 
the period of service of the members of the National Council, by whom such 
alteration may have been made. 

Sec. 7. All male citizens, who have attained the age of eighteen years, 
shall be deemed qualified electors of the Cherokee Nation, and there shall be 
no restrictions by law, save such as are required for persons convicted of 
crime, or for such limit as to residence, not exceeding six months in the district 
where the vote is offered, as may be required by census or registration. 


Section 1. The Supreme Court shall consist of three judges, who shall 
be elected by the National Council, and whose duties, jurisdiction, and com- 
pensation, shall be defined by law, in the manner prescribed by the Consti- 
tution. The National Council, at its annual session in 1867, shall elect one 
of the Supreme Judges for three years, one for two years, and one for one 
year, and at each annual session of the National Council thereafter, shall 
elect one Supreme Judge, whose official term shall be three years. 

vSec. 2. The judges of the Circuit Court shall hereafter be elected 
by the people, for the term of four years, and shall have the same juris- 
diction, discharge the same duties, and be compensated in the same manner 
as is now provided for by the Constitution. There shall be elected in like 
manner in and for each district as many judges as it may be deemed ex- 
pedient for the public good, whose powers, duties and duration in office 
shall be clearly designated by law. 

Section 1. Neither slavery nor involuntary servitude, shall ever here- 
after exist in the Cherokee Nation, otherwise than in the punishment of 
crime, whereof the party shall have been duly convicted; and anv provision 
of the Constitution of the Cherokee Nation conflicting with the foregoing 
section, is hereby annulled. 

^■^'=- -• Jh^ persons now holding olfice shall continue therein, ex- 
cept as may be otherwise expressly provided by law for Canadian district. 
until their successors be commissioned in November, 1867 

lahlequah, Cherokee Nation, November 26, 1866. 


Concurred: WRITER. '''■"''''"* °^ '''''*'°"" Committee. 

Speaker of Council 
Approved: \\ll,[, p. rqsS. 


At a sjeneral convention of the people of the Cherokee Nation, held at 
Tahlequah, Cherokee Nation, on the 2Sth day of November, A. D. 1866. 
for the purpose of taking- Into consideration the foregoing amendments to 
the Constitution of the Cherokee Nation; and, whereof, Riley Keys, Chief 
Justice of the Supreme Court, was chosen President, and Budd Gritts, Secre- 
tary; the said amendments to the Constitution of the Cherokee Nation were 
read, considered and severally approved and adopted by the Cherokee people. 
In testimony whereof, the President and Secretary of said convention 
have subscribed the same at Tahlequah, Cherokee Nation, on this the 28tli 
day of November. A. D. 1866. 

President of the Convention. 

And, Whereas, The foregoing amendments to the Constitution were 
duly submitted to the said general convention of the Cherokee people, and 
were severally read, considered, and adopted on the 28th day of Novem- 
ber, A. D. 1866; now, 

Therefore, Be it known that I, William P. Ross, Principal Chief of the 
Cherokee Nation, do issue this, my proclamation, declaring said amendments 
to be a part of the Constitution of the Cherokee Nation. 

In testimony whereof, I have hereunto subscribed my name, this the 
7th day of December, A. D. 1866. 


Principal Chief. 
The constitution was generally accepted by the nation on January 10, 
1839-^ and October 26, 1840. 

Fort Gibson, September 28, 1839. 

Sir: We have been required by instructions from the War Department 
to arrest and bring to trial the murderers of the Ridges and Boudinot. Al- 
though we have the names of several of the individuals charged, yet, as you 
are the chief of the emigrant Cherokees, by some of whom we have no doubt 
these murders were perpertrated, we therefor deem it proper to apprize you of 
this order. We believe that ^'ou can have the prsons charged delivered at this 
oost, without resorting to other means, which it is our wish to avoid. Should 
we be disappointed in our expectations in this particular, the military force of 
.'he United States will be employed in carrying out the instructions of the War 
Department. In the meantime, we expect and require of you that no violence 
or disability whatever be imposed on the treaty party in consequence of the 
treaty of 1835, which has received the sanction of the Government of the 
United States. 

We extremely regret the unfortunate events to which we have referred; 
.and also that no union has taken place beetween the eastern Cherokees, of 
whom you are the acknowledged -head, and John Brown, principal chief of 
fhe western Cherokees. An early reply to this communication is requested. 


Respectfully, your very obedient servants, 
M. Arbuckle, 

Brevet Brig. General, U. S. A. 
Wm. Armstrong, 

Acting Superintendent, W. T. 

ihn Ross, 
Princioal Chief nf the emigrant Cherokees. 
principal i.n "Tahlequah, Cherokee Nation 

September, 3(), 1830. 

Gentlemen: Your communication of the 28th instant, came duly to 

hand bv express. 

You appraise me of having received "instructions from the War De- 
partment to arrest and bring to trial the murderers of Ridges and Boudinot," 
•nd express expectations "that I will arrest the persons charged, and deliver 
them over to the military post at Fort Gibson without resorting to other 
.means." 1 hold myself at all times in readiness, so far as 1 may be concern- 
ed, to comply with the established regulations between the United States and 
'h.e Cherokee Nation, and for all otTenses which may be committed by indi- 
•'idual Cherokees, and over which the United States may have proper juris- 
diction, and their courts cognizance assuredly, I could not in duty to the 

iation and to myself, but exercise all necessary and proper ertorts to sus- 
tain and preserve unimpaired the confidence and friendship of both parties, 
'^ou cannot be otherwise than fully impressed with the fact that there exists 
in this country a feeling decidedly friendly to the Government and people 

-f the United States, and no wish or attempt to cause innovation in the plain 
and well understood method of communication and intercourse. In relation 
to the particular subject of " arrest and trial" of which you speak, I am wholly 
at a loss to conjecture by what right or sound policy the Cherokee people are 
'.'0 be deprived of the exercise of their own legislate authority over acts of 
:^ne Indian against another. An authority founded upon natural as well as 
:onvenlional rights. 1 cannot conceive how, if the persons charged be Chero- 
kees, they have violated either treaty stipulation or act of Congress, that they 
should be held answerable to the courts of 'the United States, and the miltary 

-irce employed for their arrest. Any effort directed to that purpose is de- 
nreciated as calculated to disquiet the country, to weaken the confidence of 

'^c people in their exertions to allay excitement and the enjoyment of some 

^spite from the difficulties and embarrassments which have so long distress- 

d them. 

None of the persons charged with the act you instructed upon are known 
me; some of them may be of the late emigrants, or all for ought I know; 
■lor do I feel that it is again necessary for me to review the subject among 
•he people, when you are doubtless appraised that they themselves, in con- 
•ention, considered and disposed of the matter in a manner satisfactory to 
the whole people. You express regret "that no union has taken place" be- 
tween th eeastern Cherokees and John Brown, principal chief of the western 
- herokees." This may be true to some extent, yet it is equally true that a 


•lion has been tVirnied between the eastern and western Cherokee people. 
"o that union, if it has pleased some to withhold their approbation, and among 
em John Brown, still the people acted for themselves. They are the ack- 
wleds^ed source of power in this country, and their original acts require not 
? sanction of any chief to accredit it \\-ith authority. Many of the old set- 
tlers, who could not attend in person, forwarded their names to be enrollea that act. 

.-although the fact may not have been formally announced to you, yet 
it was believed that you were informed of the adoption of a constitution for 
the government of the Cherokee Nation, in accordance with the act of union. 
Elections have also taken place under its provisions for officers, etc., and the 
national council, composed both of old settlers and emigrants, without, how- 
ever, any distinction, are now about to terminate its session, having been en- 
gaged in passing such laws as were required for the security and protection 
of the persons and property of the people. 

Fro mthese facts, I trust that you will be fully convinced of the earnest 
desire of the Cherokees to preserve and maintain the peace and friendship 
which have so long subsisted between them and the citizens of the United 

I have the honor to be, gentlemen, ver}- respectfully, }our obedient ser- 

John Ross, Principal Chief. 
Brevet Brigadier General M. Arbuekle, U. S. A. 
Captain William Armstrong, 

Acting Superintendent, W. T. Fort Gibson."' 

After a little more desultory correspondence, the matter of prosecution 
for the murderers, was dropped. 

The public school system of the Cherokee Nation was inaugurated in 
1(S42. In the spring of that year Sequoyah started to the southwest in search 
of a Cherokee settlement in the neighborhood of the Rio Grande. He died 
at San Fernando in August 1843. The Cherokee Advocate, a weekly news- 
paper, owned and operated by the Nation and ils oficial organ, publish- 
ed volume one, number one at Tahlequah on September 25, 1844.- 

Chief Ross married on September 2, 1S44, Mary Brown Stapler a native 
of Delaware. On account of the widespread dissatisfaction among the treaty 
party and old settlers, a delegation of tifty-four of their leaders left the Chero- 
kee Nation for southwest Texas on September 1, 1845. They found a 
settlement of sixty-three Cherokees on the bank of Brazos river, at the mouth 
of Basky Creek. These Cherokees were from Monclovis, Mexico. While 
on this trip Charles Reese died. The delegation returned to Ft. Gibson on 
January lo, iS46, not being able to tind a home in the west. 

The residence of Return Jonathan Meigs, son-in-law of Chief John R<iss 
was burned by Thomas Starr and his band on the night of November 2, 1845 
Mr. Meigs, who lived within three miles of his father-in-law, was an estimable 
citizen and this act was a part of the feud that had been raged uninterruptedly 
since 1839. On the ninth of the month, thirty-two men rode up to the home 



of Janu'S Starr, father of Thomas, and shot him to death. He was one of 
the signers of the treaty of 1835 and a member of the first elected Cherokee 
committee (senate) from 184 1 to 1843. No prosecution followed this mur- 

Delegations from the emigrant, treat}' party and old settlers divisions 
of the Cherokee Nation visited Washington in the summer of 1846 where 
they in conjunction with representatives of the United States, concluded a 
treaty for the purpose of establishing national tranquility and arriving at a 
more equitable adjustment of their vested rights: 

•li'l.L l;. .\1AVES 
Cluei— January USSN, to Oefember 1891 



Treaty With The Cherokees 18Jf6. Schools Established. Old Settler Pay- 
ments. Keetoowah Society Organized. Organization of Military 
Companies. Cherokees Enter The Civil War. 
General Waitc Surrenders. 

Aug. 6, 1846. 9 Stat., 871. Ratified Aug. 8, 1846. Proclaimed Aug. 

17, 1846. Articles of a treaty iikilIl and concluded at Washington, in the 
District of Columbia, between the United States of America, by three com- 
missioners, Edmund Burke. William Armstrong', and Albion K. Parris; and 
John Ross, principal chief of the Cherokee Nation; David Vann, William S. 
Coody, Richard Taylor, T. H. Walker, Clement V. McNair, Stephen Foreman. 
John Drew, and Richard Fields, delegates duly appointed by the regiilarly con- 
stituted authorities of the Cherokee Nation; George W. Adair, John A. Bell, 
Stand Watie, Joseph M. Lynch, John Huss, and Brice Martin, a delegation 
appointed by, and representing that portion of the Cherokee tribe of Indians 
known and recognized as the "Treaty Party;" John Brown, Captain Dutch, 
John L. McCoy, Richard Drew, anad Ellis Phillips, delegates appointed by 
and representing, that portion of the Cherokee Tribe of Indians known and 
recognized as "Western Cherokees," or "Old Settlers." 

Preamble. Whereas serious difliculties have, for a considerable time 
past, existed between the different portions of the people constituting and 
recognized as the Cherokee Nation of Indians, which it is desirable should be 
speedily settled, so that peace and harmony may be restored among them, 
and whereas certain claims exist on the part of the Cherokee Nation, and 
portions of the Cherokee people, against the United States; Therefore, with a 
view to the linal and amicable settlement of the difficulties and claims before 
mentioned, it is mutually agreed by the several parties to this convention as 
follows, viz: 

Lands Occupied by Cherokee Nation to be Secured to Whole People and 
a Patent to be Issued. 1830, Ch. 148. Article 1. That the land now oc 
cupied by the Cherokee Nation shall be secured to the whole Cherokee peo- 
ple for their common use and benefit; and a patent shall be issued for the 
same, including the eight hundred thousand acres purchased, together with 
the outlet west"^ promised by the United States, in conformity with the provis- 
ions relating thereto, contained in the third article of the treaty of 1835, and 
in the third section of the act of Congress, approved May twenty-eighth, 1830. 
which authorizes the President of the United States, in making exchanges of 
lands with the Indian tribes, "to assure the tribe or nation with which the ex- 
change is made, that the United States will forever secure and guarantee to 
them, and their heirs or successors, the country so exchanged with them; and 
if they prefer it, that the United States will cause a patent or grant to be made 
and executed to them for the same: Provided, always. That such lands shall 
revert to the United States if the -Indians become extinct or abandon the 


Reversion to be in United States. All Difficulties and Disputes Adjusted, 
and a General Amnesty Declared. Laws to be Passed for Equal Protection, 
rnd for the Security of Life, Liberty, and Property. No One to be Punished 
for any Crime, Except en Ccnvicttcn by a Jury. Article 2. All dirtcrenc ■ > 
heretofore existing between the several parties of the Cherokee Nation are 
hererby settled and adjusted, and shall, as far as possible, be forgotten and for- 
ever buried in oblivion. All party distinctions shall cease, except so far as 
they may be necessary to carry out this convention or treaty. A general am- 
nesty is hereby declared. All olfences and crimes committed by a citizen or 
citizens of the Cherokee Nation against the nation, or against an individuai or 
individuals, are hereby pardoned. All Cherokees who are now out of the 
nation are invited and earnestly requested to return to their homes, where they 
may live in peace, assured that they shall net be prosecuted for any ortence 
heretofore committed against the Cherokee Nation, or any individual there- 
of. And this pardon and amnesty shall eextend to all who may now be out 
of the nation, and who shall return thereto on or before 1st day of December 
next. The several parties agree to unite in enforcing the laws against all 
future offenders. Laws shall be passed for equal protection, and for the su- 
curity of life, liberty, and property; and full authority shall be given by law 
to all or any portion of the Cherokee people, peaceably to assemble and peti- 
tion their own government, or the Government of the United States, for the 
redress of grievances, and to discuss their rights. All armed police, lighi 
horse, and other military organizations, shall be abolished, and the laws en- 
forced by the civil authority alone. 

No one shall be punished for any crime or misdemeanor except on con- 
viction by a jury of his country, and the sentence of a court duly authorized 
by law to take cognizance of the otfence. And it is further agreed, all fugitives 
from justice, except those included in the general amnesty herein stipulated, 
seeking refuge in the territory of the United States, shall be delivered up by 
the authorities of the United States to the Cherokee Nation for trial and pun- 

Certain Claims Paid out of the $5,000,000 Fund to be Reimbursed by 
the United States. Article 3. Whereas certain claims have been allowed by 
the several boards of commissioners heretofore appointed under the treaty 
of 1835, for rents, under the name of improvements and spoliations, and for 
property of which the Indians were dispossessed, provided for under the I6th 
article of the treaty of 1835; and whereas the said claims have been paid out 
of the 55,000,000 fund; and whereas said claims were not justly chargeable to 
that fund, but were to be paid by the United States, the said United States 
agree to re-miburse the said fund the amount thus charged to said fund, and 
ihc same shall form a part of the aggregate amount to be distributed to the 
Cherokee people, as provided in the 9th article of this treaty; and whereas a 
urther amount has been allowed for reservations under the provisions of the 
U h article ot the treaty of 1835, by said commissioners, and has been paid 
out he said fund, and which said sums were properly chargeable to, and 
should have been paid by. the United States, the said United ^States further 


agree to re-imburse the amounts thus paid for reservations to said fund; and 
whereas the expense of making- the treaty of New Echota were also paid ou: 
of said fund, when they should have been borne by the United States, the 
United States agree to re-imburse the same, and also to re-imburse all other 
sums paid to any agent of the government, and improperly charged to said 
fund; and the same also shall form a part of the aggregate amount to be dis- 
tributed to the Cherokee people, as provided in the ^'th article of this treaty. 

Provision for the Equitable Interest of the Western Cherokees in Lands 
Ceded by Treaty of 1828. How the Value of Said Interest Shall be Ascer- 
tained. Release by Western Cherokees to United States. Article 4. And 

whereas it has been decided by the board of conunissioners recently appoint- 
ed by the President of the United States to examine and adjust the claims and 
difficulties existing against and between the Cherokees themselves, that under 
the provisions of the treaty of 1S2S, as well as in conformity with the general 
policy of the United States in relation to the Indian tribes, and the Cherokee 
Nation in particular, that that portion of the Cherokee people known as the 
■'Old Settlers," or "Western Cherokees," had no exclusive title to the ter- 
ritory ceded in that treaty, but that the same was intended for the use of, and 
to be the home for, the whole nation, including as well that portion then east 
as that portion then west of the Mississippi; and whereas the said board of 
commissioners further decided that, inasmuch as the territory before men- 
tioned became the common property of the Whole Cherokee Nation by the 
operation of the treaty of 1828, the Cherokees then west of the Mississippi, 
by the equitable operation of the same treaty, acquired a common interest in 
the lands occupied by the Cherokees east of the Mississippi river, as well as 
in those occupied by themselves west of that river, which interest should 
have been provided for in the treaty of 1835, but which was not, except in 
so far as they, as a constituent portion of the nation, retained, in proportion 
to their number, a common interest in the country west of the Mississippi, 
and in the general funds of the nation; and therefore they have an equal claim 
upon the United States for the value of th it interest, whatever it may be. Now, 
in order to ascertain the value of that interest, it is agreed that the following 
principle shall be adopted, viz: All the investments and expenditures which 
are properly chargeable upon the sums granted in the treaty of 1835, amount- 
ing in the whole to five millions six hundred thousand dollars, (which invest- 
ments and expenditures are particularly enumerated in the l5th article of the 
treaty of 1835,) to be lirst deducted from said aggregate sum, thus ascertain- 
ing the residuum or amount which would, under such marshalling of accounts, 
be left for per capita distribution among the Cherokees emigrating under the 
treaty of 1835, excluding all extravagant and improper expenditures, and then 
allow to the Old Settler's (or Western Cherokees) a sum equal to one third 
part of said residuum, to be distributed per capita to each individual of said 
party of "Old Settlers." or "Western Cherokees." It is further agreed that, 
so far as the Western Cherokees are concerned, in estimating the expense of 
removal and subsistence of an Eastern Cherokee, to be charged to the ag- 
gregate fund of five million six hundred thousand dollars above mentioned, 



the sum of removal and subsistence stipulated in the 8th article of the treaty 
of 1835 as commutation money in those cases in which the parties entitled 
to it removed themselves, shall be adopted. And as it affects the settlement 
with the Western Cherokees, there shall he no deduction from the fund before 
mentioned in consideration of any payments which may hereafter be made 
out of said fund; and it is hereby further understood and agreed, that the prin- 
ciple above defined shall embrace all those Cherokees west of the Mississippi, 
who emigrated prior to the treaty of 1835. 

In consideraion of the foregoing stipulation on the part of the United 
States, the "Western Cherokees," or "Old Settlers," hereby release and quit- 
claim 'to the United States all right, title, interest, or claim they may have to 
a common property in the Cherokee lands east of the Mississippi River, and 
to exclusive ownership of the lands ceded to them by the treaty of 1833 west 
of the Mississippi, including the outlet west, consenting and agreeing that the 
said land, together with the eight hundred thousand acres ceded to the Chero- 
kees by the treatv of 1835, shall be and remain the common property of the 
whole Cherokee people, themselves included. 

Per Capita Allowance for Western Cherokees to be Held in Trust by 
United States, etc. Not Assignable. Committee of Five From "Old Set- 
tlers." Article 5. It is mutually agieed that the per capita allowance to be 
given to the "Western Cherokees,' or "Old Settlers, upon the principle above 
stated, shall he held in trust by the Government of the United States, and 
paid out to each individual belonging to that party or head of family, or his 
legal representatives. And it is further agreed that the per capita allowance 
to be paid as aforesaid shall not be assignable, but shall be paid directly to 
the persons entitled to it, or to his heirs or legal representatives, by the agent 
of the United States, authorized to make such payments. 

And it is further agreed that a committee of five persons shall be ap- 
pointed by the President of the United States, from the party of "Old Set- 
tlers,' whose duty it shall be, in conjunction with an agent of the United States, 
to ascertain what persons are entitled to the per capita allowance provided 
for in this and the preceding article. 

Indemnity for "Treaty Party." Provisions for Heirs of Major Ridge, 
John Ridge, and Elias Boudinot. Proviso. Article 6. And whereas many 
of that portion of the Cherokee people known and designated as the "Treaty 
Party" have suffered losses and incurred expenses in consequence of the treaty 
of 1835, therefore, to indemnify the treaty party, the United States agree to 
pay to the said treaty party the sum of one hundred and fifteen thousand dol- 
lars, of which the sum of five thousand shall be paid by the United States to 
the heirs or legal representatives of Major Ridge, the sum of five thousand 
dollars to the heirs or legal representatives of John Ridge, and the sum of 
live thousand dollars to the heirs or legal representatives of Elias Boudinot, 
and the balance, being the sum of one hundred thousand dollars, which shall 
be paid by the United States, in such amounts and to such persons as may be 
certified by a committee to be appointed by the treaty party, and which com- 
mittee shall consist of not exceeding live persons, and approved by an ageni: 


of the United States, to be entitled to receive the same for losses and damages 
sustained by them, or by those of whom they are the heirs or legal represent- 
atives: Provided, That out of said balance of one hundred thousand dollars, 
the present delegation of the treaty party may receive the sum of twenty-five 
thousand dollars, to be by them applied to the payment of claims and other 
expenses. And it is further provided that, if the said sum of one hundred 
thousand dollars should not be sufficient to pay all the claims allowed for 
losses and damages, that then the same shall be paid to said claimants pro 
rata, and which payments shall be in full of all claims and losses of the said 
treaty party. 

Values of Salines to be Ascertained and Paid to Individuals Dispossessed 
of Them. Article 7. The value of all salines which were the private prop- 
erty of individuals of the Western Cherokees, and of which they were dispo- 
ssessed, provided there be any such, shall be ascertained by the United States 
agent, and a commissioner to be appointed by the Cherokee authorities; and 
should they be unable to agree, they shall select an umpire, whose decision 
shall be final; and the several amounts found due shall be paid by the Chero- 
kee Nation, or the salines returned to their respective owners. 

Payment for a Printing Press, Arms, etc. Article 8. The United States 
agree to pay to the Cherokee Nation the sum of two thousand dollars for a 
printing-press, materials, and other property destroyed at that time; the sum 
of live thousand dollars to be equally divided among all those whose arms 
were taken from them previous to their removal West by order of an officer 
of the United States; and the further sum of twenty thousand dollars, in lieu 
of all claims of the Cherokee Nation, as a nation, prior to the treaty of 1.S3 5, 
except all lands reserved, by treaties heretofore made, for school funds. 

A Fair and Just Settlement of all Moneys Due the Cherokees Under the 
Treaty of 1835 to be Made. Article 9. The United States agree to make a 
fair settlement of all moneys due to the Cherokees, and subject to the per 
capita division under the treaty of 29th December, 1835, which said settle- 
ment shall exhibit all money properly expended under said treaty, and shall 
embrace all sums paid for improvements, ferries, spoliations, removal, and 
subsistence, and commutation therefor, debts and claims upon the Cherokee 
Nation of Indians, for the additional quantity of land ceded to said nation; and 
the several sums provided in the several articles of the treaty, to be invested 
as the general funds of the nation; and also all sums which may be hereaftei 
properly allowed and paid under the provisions of the treaty of 1835. The 
aggregate of which said several sums shall be deducted from the sum of six- 
millions six hundred and forty-seven thousand and sixty-seven dollars, and 
the balance thus found to be due shall be paid over, per capita, in equal 
amounts, to all those individuals, heads of families, or their legal represent- 
atives, entitled to receive the same under the treaty of 183 5, and the supple- 
ment of 1836, being all those Cherokees residing east at the date of said treaty 
and the supplement thereto. 

Rights Under Treaty of Aug. 1. 1835, Not Affected. Article 10. It is ex- 
pressly agreed that nothing in the foregoing treaty contained shall be con- 


stnrd as in anv manner to take away or abridge any rights or claims wliici: 
the Cherokees now residing in States east of the Mississippi R.ver had, or may 
have, under the treaty of 1S35 and the supplement thereto. 

Certain Questions to be Submitted to Senate of United States. Article 11. 

Whereas the Cherokee delegates contend that the amount expended for the 
one year's subsistence, after their arrival in the west, of the Eastern Chero- 
kees is not properly chargeable to the treaty fund: it is hereby agreed that 
that 'question shall be submitted to the Senate of the United States for its de- 
cision which shall decide whether the subsistence shall be borne by the United 
States or the Cherokee funds, and if by the Cherokees, then to say, whether 
the subsistence shall be charged at a greater rate than thirty-three, 3 3-lO(, 
dollars per head; and also the question, whether the Cherokee Nation be al- 
lowed interest on whatever sum may be found to be due the nation, and tron. 
what date and at what rate per ;innum. 
Article 13. [Stricken out.] 

Article 13. This treaty, after the same shall be ratified by the President 
and Senate of the Linited States, shall be obligatory on the contracting parties 
in testimony whereof, the said Edmund Burke. William Armstrong, and 
Albion K. Parris, Commissioners as aforesaid, and the several delegations 
aforesaid, and the Cherokee nation and people, have hereunto set their hands 
and seals, at Washington aforesaid,this sixth day of August, in the year of our 
Lord one thousand eight hundred and forty-six. 

Edmound Burke. Wm. Armstrong. Albion K. Parris. 

Delegation of the Government Party: 

Jno. Ross, Wm. S. Coody, R. Taylor, C. V. McNair, Stephen Foreman, 
.John Drew, Richard Fields. 

Delegation of the Treaty Party: Geo. W. Adair, J. A. Bell, S. Watie, 
Joseph M. Lynch, John Huss, Brice Martin (by J. M. Lynch, his attorney). 

Delegation of the Old Settlers: Jno. Brown, Wm. Dutch, John L. Mc- 
Coy, Richard Drew, Ellis F. Phillips. 

(To each of the names of the Indians a seal is aftixed.) 
In presence ol — 

Joseph Bryan, of Ahibama. 
Geo. W. Paschal. 

John P. Wolf, (Secretary of Board.) 
W. S. Adair. 
Jno. F. Wheeler. 
On November 12, 1847 an act was passed by the national council for 
the establishment of the two national high schools, the Male and Female Sem- 
inaries, the two di-stinctive tribal schools that were thenceforth to be the 
pride of the nation and its most inportant factors in producing solidarity and 
patriotic instinct. Large sums were diverted and well spent for their main- 
tainance, instead of being used for inervating payments. The only payments 
made to the Cherokees thereafter, were old settlers and emigrant payments of 


185 1 and 1852, 

18 75, ,0.60 
I880, "Bread money" 16.55 
188?. "Grass monev," rent from Cherokee outlet 15.5() 
1886, ,5.05 
1800, 13.70 
1894, From sale of the outlet 565.70 
1896, Old Settlers 159.10 
1902, Destitute. S5.00 to single persons and S4.oo each to members of 


19 10, Emigrants 133.10 
1^1^, SI 5.00 
l^M4, SI 2.00 
19 16, Final disbursement 3.?(> 

The Cherokees that tied to the mountains in 1838 congregated in 
western North Carolina where according to a roll made in 184'' bv J. C. 
Mulla.v, federal census taker they numbered two thousand one hundred thirty 
three. They were placed on a reservation, called Q)ualla, where they still 

Fort Gibson was abandoned by the LInited States on June 2?, 1857, and 
its buildings were formally transferred to the Cherokee Nation on the nintli 
day of September. 

The Keetoowha society was originated among the Cherokees by 
Reverends Evan and John B. Jones in 1859. it is a secret society for the 
purpose of protecting national and community interests and for the fuller de- 
velopment of the nobler qualities of individualism. It has always been es- 
pecially active in upbuilding the religious and patriotic instincts of its members, 
and is the only lodge in the United States whose principal emblem is the 
United States flag. During the civil war its insigna was a couple of pins 
crossed on the left coat lapel, and for that reason its members were known 
as "Pin Indians." 

Early in 1861, Stand VVatie organized a company to cooperate with the 
confederacy. Watie became the Captain; Buzzard. First Lieutenant; Wilson 
S'uagee, Second Lieutenant; Charles Edwin Watie, Third Lieutenant and 
Henry Forrester, Orderly Sergeant. Their service was in Delaware District 
and Neutral Land which was a legal part of that district. Other companys 
having been formed they met near Fort Wayne on July 12, I861 and formed 
the Cherokee Mounted Rifle regiment and elected the following ofl'icers: 
Colonel Stand Watie; Lieutenant Colonel, Thomas Fox Taylor'; Major, Elias 
Cornelius Boudinot; Adjutant, Charles E. Watie; Quarter Master. George 
Washington Adair?; Commissary, Joseph McMinn Starr, Sr. ; Surgeons, Drs. 
Walter Thompson Adair and William Davis Poison; Chaplain, C. M. Slover; 
Sergeant Major, George West" and Joseph Franklin Thompson. 

It has been impossible to obtain a roster of the several companies, but a 
fragmentary list of them, is: 

Company A. Captain Buzzard; First Lt. W^ilson Suagee, Second Lt. 


Charles E. Watie, Third Lt. Dumplin O'Fields, Orderly Sergeant Henry For- 
rester. Privates: Lucien Burr Bell, Vann Ward, John Ketcher, Alfred Pigeon, 
Logan Pigeon, Jack Pigeon, Stand Suagee, Archibald Ballard, Edmond Dun- 
can Carey, Olcut Moore, David Moore, John Moore, Jesse Pigeon, Daniel 
Squirrel, David Suagee, Charles Huss, Joseph Summerfield, Saladin Waite, 
Charles Lowrey, Thomas Jef!'erson Woodall, Ned Moore and Jack Squirrel. 

Company B. Captain Robert Calvin Parks, First Lt. Ephriam Vann, 
Second Lt. Martin Buzzardflopper and Walker A. Daniel, Third Lt. Reese 
Candy. Privates: David Burkett, James Burkett, James Leon Butler, Red 
Bird Harris, William Harris, George Harlan, Fishtail, Mitchell Harlan, Cabbage 
Vann, Coon Vann, Yartunnah Vann, Joseph Vann, Alexander McCoy Rider 
and Thomas Jetlerson Parks. 

Company C. Captains Daniel Ross Coody, O. H. P. Brewer and 
Thomas Fox Brewer, First Lt. O. H. P. Brewer and Thomas Fox Brewer, 
Second Lts. Richard Crossland and William Snow Brewer, Third Lt. Reliford 
Beck, Orderly Sergeant Joseph Absalom Scales. Privates: James McDaniel 
Keyes, William Keys, Charles H. Campbell, Robert Taylor Hanks, James 
Ore, John Joshua Patrick, Wiliam V. Shepherd, Jesse Bean Burgess, John 
Walker Starr, John W. Jordan, Moses Nivens, John Nivens, Johnson Vann, 
Perry Andre Riley, George Lowrey, John A. Sevier, John Linder, Emory 
Ogden Linder McCoy Smith, Julius Caesar Linder, Russell Bean, Frank 
Smith, Samuel ("Buster") Smith, John Gunter Lipe', Thomas Stoneroa4 
Lorenzo D. Chambus, 

"Written in the autograph album of Miss Victoria Hicks, who later mar- 
ried DeWitt Clinton Lipe, are these verses: 
"To Miss Vic. 
I stand at the portal and knock. 
And tearfully, prayerfully wait. 
O! who will unfasten the lock. 
And open the beautiful gate' 

Forever and ever and ever, 

Must I linger and suffer alone' 

Are there none that are able to sever, 

The fetters that keep me from home? 

My spirit is lonely and weary, 

I long for the beautiful streets. 

The world is so chilly and dreary. 

And bleeding and torn are my feet. 
Tahlequah, Cherokee Nation. 

February 2 7th, 1861. j. Q Lipe " 

John Gunter Lipe, Samuel ("Buster'') Smith, John Nivens and 

rams were killed at the same time as was their commander Lt. Col. Thomas 
^ox Taylor, on Greenleaf Bayon, July 2 1 186^ 

Charles Drew John Calhoun Sturdivant, ' Martin Butler Sturdivant, Archi- 
bald Lovett, John Lovett, Bruce Brown, Richard Neal, Frank Pettit, Qinton 


Osmund, Richard Boggs, Gideon Reynolds, George Reynolds, Michael Hilde- 
brand, Reese Hildebrand, Richard Brewer, Alnion Martin, John Ferguson, 
William Patrick, Wilborn Vickery, Ellis Starr, James Hood, Benjamin Lafew. 
Pleasant Bean, Simpson G. Bennett, John Calhoun West, William M. West, 
James Polk West, Samuel Benge, George Yates, William Vann, William Har- 
ris, Michael Spaniard, John Q. Hayes, Surry Eaton Beck, William Beavert, 
George Kirk, William Beatty, Ellis Beck, Weatherford Beck, JetiVey Beck, 
John Porter, Allen Latta, Diver Latta, Rider Whitekiller, Jolly Thornton, 
William Edwin Brown, Hugh Montgomery McPherson, George Elders, John 
Rogers, David Hicks, Wilson Boggs, Charles Kirk, Andrew Spaniard, John- 
son Sosa, John Tinker, Henry Clay Starr, Johnson Riley, David R. Vann, 
Stephen Hildebrand, Joseph Martin Hildebrand, Charles Webber, Solomon 
Hosmer, John Coody, Henry Vann, Daniel Webster Vann, Marcellus Nivens, 
Joseph Riley, John McLain, James Starr, Lafayette Catron, William Lucas, 
Noah Scott and Sterling Scott. 

Company D. Captain James Madison Bell, First Lt. Joseph Martin 
Lynch, Second Lt. John A. Raper, Third Lt. Pinson England, Orderly Ser- 
geant Hugh .Montgomery Adair. Privates: Lewis Ross Kell, Watie Lafabre, 
Proctor Landrum, Robert McDaniel, David Moore, Dumplin O'Fields, John- 
son O'Flelds, Kiowa Ratliti', Joseph Rogers, Napoleon Rogers, John Tinney, 
Thomas Tinney, Reuben R. Tyner, Hill Wilkinson, Moses Williams, Franklin 
Wright, John Talala Kell, Bear Timpson, John Adam.s, Walter Adair West, 
David McLaughlin, Saladin Watie, Charles Webber, Daniel Webster Vann, 
Benjamin Franklin Adair, William Penn Adair, David Jarrette Bell, George 
Bell, John Bell, James Brower, Arseenee, Gesseau Chouteau, Charles Coats, 
John Coats, Thomas Cox, Chuwalooka, Virgil Crawford, David Davis, 
Archibald Elliott, George W. Elliott, Walter Elliott, Martin England, Mitchell 
England, Henry Freshower, Joseph Freshower, Wallace Freshower, Daniel 
O'Conner Kell and Joseph Kell. 

Company E. Captain Joseph Franklin Thompson, First Lt. Thomas 
Jerterson McGee, Second Lt. Stand Wawaseet, Third Lt. William Y. H. Fore- 
man, Orderly Sergeant William Adolphus Daniel. Privates: Thompson 
Fields, Morrison Shoeboots, Stephen Walker, Joshua Daniel, Thomas Daniel, 
Ansel Green, Runabout Shoemaker, Chuwanosky, Alexander Beamer, Charles 
Hillian, E. G. Holcomb, Oliver Morris, Vann Ward, George M. Ward, Joseph 
Bledsoe, Lorenzo Bledsoe, Thomas Bledsoe, Isaac Dick, David McGee, John 
Shields, William Shields, Lewis Glenn, David Denton, Jack Caldwell, Boot, 
Moses Buck, Ross Thomas Carey, Caleb Conner, Colston, Corntassel, Broom 
Cramp, Harry Cramp, Ned Cramp, Riddle Cramp, John Martin Daniel, 
Marmaduke Daniel, John Davis, Nicholas Deerhead, John Doghead, John 
Duck, William Eckridge, L. L. Farley, John Pawling, Grasshopper, Stephen 
Gray Garbarina Hawk, John Hensley, Elam, Richard Fields, Dr. Charles H. 
Preston, George Fields, George Washington Fields, Ezekiah ("Bud") Fields, 
Ezekiah Fields, Albert Morris,"john R. McGee, Albert McGee, Albert McGee, 
Tee-ge-ski, Daniel Miller, George Washington Trout, Oo-ni-quan-na, Jack- 
son Jones, Stand Smith, Richard Pheasant, W. A. Kincade, James Burkett, 
Bee Marshall, John Marshall, James Horsefly. Ned Jailer, Drewry Jones. 


James Jones, John Jones, Wilborn Jones, Charles Lisenbe, Washinglon 
Lisenbe, EH Lisenbe, Andrew Miller, John Martin Miller, Joseph Gambold 
Miller, Thomas Miller, Mouse, Henry Nightkiller, Rock Shirt, James Rogers, 
Saltface, Lewis Rogers, William Rogers, Rottenman, Flea Smith, Joseph 
Smith, Stand Smith, Thomas Smith, Shell, Looney Tiger, Bear Timson, 
Wawaseet, William Webster Weir, Waseeter, James Waseeter, Womankiller, 
Charles Lowry, Ellis Dick, Luke Blevins, Samuel Palmer, Samuel Bright, 
Michael Condon, Dusky Rattlinggourd, William Conner Sr., William Conner, 
Jr., James Humphrey, George Frayser, Leander McGee, Samuel Steele, Elias 
Reader, Joseph Henry, Thomas Hadley, John Matthis, Joseph Rogers, Hill 
Wilkerson and David Pogue. 

Company F. Not known. 

Company G. Captains George Harlan Starr', Alexander Wot^ord and 
Ephriam Martin Adair, First Lts. Jonh Gott, John R. Wright, Ephriam Martin 
Adair and Joseph McMinn Starr Jr., Second Lts. Alexander Wofford, Ezekial 
Starr and Joseph Martin Lynch, Third Lts. Thomas Wilkerson, Andrew Cum- 
mings Johnson and Mark Bean, Orderly Sergeant — — Root, John Henry 
Danenburg and John R. Vann. Privates: Andrew Alberty, Jesse Clinton 
-Alherty, Cornelius Bean, Mark Bean, William Bean, Releford Beck, Joseph 
Beck, Samuel E. Beck, James Blake, Jesse Adair, John Alexander, Jonathan 
Bullington, Jcihn \V. Bumgarner, James Carselowry, (Cornelius Clyne, Joel 
M. B. Clyne, William Collins, Virgil Crawford, Charles Crittenden, Welling- 
ton Oittenden, John Henry Danenburg, William Danenburg, John Denton, 
William Henry fJrew, George Washington Crittenden, James Crittenden, 
ignpcious Few, Elias Gourd Foreman, George Gott, William Gott, John 
Gritiin, John Brown ("Oce") Harlan, Erastus J. Howland, John Bean 
Johnson, Andrew Cummings Johnson, Kelt, James Morgan, Calvin Sanders, 
David Sanders, Wats?n Sanders, William Sanders, .lohn Sexton, John Scott, 
Samuel Sixkiller, Joseph Smallwood, John Smith, Lewis Stansel, Martin 
Butler Sturdivant, Ezekiah Taylor, John Thornton, William H. Thornton, 
Timothy Trott, Walter Duncan West, Stephen Whitmire, Benjamin C. Wil- 
born, Harrison Williams, Robert Wottord, John Martin, Charles W. Starr, 
James Starr, Joseph McMinn Starr, Jr., Walter Adair Starr, Benjamin Fisher 
William Eubanks, Jeremiah Horn, George Noisywater, Johnson Watts, Wil- 
liam Lafayette Trott, Andrew Reese, George Reese, Murray Reese, Caleb 
Wright. Hugh Montgomery Adair, Benjamin Franklin Adair, James Adair, 
Jes.-^e M. Adair, .lohn Bell Adair, George Washington Adair, Oscar Fitzaland 
Adair, Rufus Bell Adair, George Alberty, Joshua Alberty, John Alberty, 
Bailev Bacon, John Ellis Bean, Joseph McMinn Bean, James Lafayette Bigby, 
Thomas W. Bigby, David McLaughlin Beck, John Beck, James Bell, John 
Bell. Benjamin Jackson Bigby, William Edwin Brown, George Overs, Nicholas 
Byers, James Chandler, George George, James Choate, James" Collins, Wil- 
liam Collins, Harry Crittenden, William Daniel, Georoe Davis, John Davis, 
William Henry Davis, James Devine, Harlin Eaton, Richard Eaton, Samuel 
Foreman, Thomas Gallagher, Benjamin Franklin Goss, Dennis Gonzales, 
John Grirtin, Oliver Hogg, Philip Inlow, Sylvester Inlow, James Johnson, 
.hade Kagle, Jesse Killian, James R. Lamar, Gatz Lewis, Joseph Martin 


L_\nch, Richard Mayes, John Walker Maytield, Alfred Miller, Joshua Morji-ar., 
Lone Morgan, Mark Morgan, George Reese, Charles Sanders, George Sea- 
bolt, Jeremiah Seabolt, Charles Washington Starr, Ellis Starr, James Starr, 
Allison Woodville Timberlake and John Vickery. 

Company H. Captain John Thompson Mayes, First l.t. Daniel Mc- 
Kizzick, Secord Lt. William Catterson, Third Lt. William H. Hendron, 
Orderly Sergeant John Stewart. Privates: William Ballard, George ButTing- 
ton, Frank Conseen, Michael Davis, Maxwell Dixon, Green Graham, J. B. 
Grah:'m, John Graham, John Golston, Matthew Golston, Benjamin Harmon, 
James Harm-n, Murphy Harmon, W. A. Y. Hastings, Joseph Hazlett, Wil- 
liam Hazlett, Joel Bryan Mayes, William Henry Mayes, John Phillips, Sooter 
Phillips, William Phillips, John Rogers Stover, James Tucker, John West, 
James Wilson, George W. Snardy, Charles Webber, John Hogan and John 
L. Davis, 

Company 1. Captains George W. Johnson and Blutord West Alberty, 
First Lts. James Benge and David McNair Faulkner, Second Lts. David Mc- 
Nair Faulkner and John Martin Bell, Third Lts. David McNair Faulkner, 
Orderly Sergeants William Myers and William Eubanks. Privates: Isaac 
Sanders, Thomas Pettit, John Faulkner, Wilson Sanders, John Stansil, Lewis 
Stansil, Buck Few, L. D. Chambers, Lewis Robards, Watt Downing, Shorey 
Pack, John Seminole, Robert Sanders, James Colby, Andrew Waters, John 
VValker Mayfield, Alexander McCoy Rider, William R. Foreman, William 
Eubanks, Charles Foreman, Joshua Sanders, Cornelius Sanders, Berry Price, 
John Price, John Hinman, Seven Fields, John Vanita, Josephus Simco, Bose 
Simco, George W. Alberty, William Butler, Cicero M. Cunningham, Charles 
A. Fargo, John Bell Adair, John Brown Harlan, Jesse Clinton Alberty, 
William McCracken, Lock Langley, Walter Scott Agnew, Joel McDaniel, 
Robert McDaniel, Samuel Foreman, Richard Pate, Cornelius Clyne, James 
Trott or Badger, Creek Pigeon, Creek Liver, Robert Waters, Amos Price, 
John Gafford, Jesse Gafford, George Smoker, John H. Baugh and Joseph 

Company K. Captain John Spears, First Lt. Foster, Second Lt. 

Lewis Weaver, Third Lt. Thomas Wilkerson. Privates: John W. Bum- 
garner, Samuel Hair, John Hair and Joseph Vann. 

Company L. Captain James Thompson. 

Shortly after the formation of the First Cherokee Mounted Rifles: Joel 
Mayes Byran organized and became Major of Bryan's Battalion. The 
letters of the companies are not known, but the companies were probably: 

Captain C. C. Waters, First Lt. Jasper Wilkerson, Second Lt. James 
Chambers Yeargain, Third Lt. Daniel Herron, Orderly Sergeant Mai Banks. 
Privates: David Copeland, George Sullivan, Henrv Ward, William Ward. 
Lewis Baker, Wallace Brown, John Banks, George Banks, George Buchanan, 
Jefferson Cordell. Charles Baker, John Bak-^r. Frank Davis, John Edwards, 
Samuel Gamble, Augustus Gailey, Joseph Galley, l.ucien Gailey, Warren 
Gailev, Randolph Gallion, William Clark, William Grinder, Caleb Gillett, 
David Holt, George Holt, Henry Holt, William Latta, Matthew Latta, Henrv 
Lukens Alexander McCall, James Pat'on, Henderson Rotrammel, Henry 


Rotrammel, James Rotranimel, John Rotraniniel, Wilson Rotrammel, George 
Russell, Joseph Shelton, P. N. Thomas, Samuel Shelton, Monroe Smith, 
Robert 'vinyard, George De Shields Ward and William Wilkerson. 

Captahi John R. Harden and First Lt. William Hendron. Private: 
Jacob M. Hiser. 

Captain William Shannon. 

On August 31, 1862 the First Cherokee Mounted Volunteers was or- 
ganized with Stand Watie as Colonel, Lieutenant Colonel Robert Calvin 
Parks, Major Joseph Franklin Thompson, Quartermaster John Lynch Adair, 
Surgeon Dr. William J. Dupree, Chaplain John Harrell. 

The Second Cherokee Mounted Volunteers was organized several months 
later under Colonel William Penn Adair, Lieutenant Colonel James Madison 
Bell and later O. H. P. Brewer, Major Porter Hammock succeeded by John 
R. Harden, Quartermaster Joel Bryan Mayes, Commissary C. S. Lynch, Sur- 
geon Dr. Waldemar Lindsley and Chaplain John Harrell. Shortly after the 
organization of the Second Cherokee Mounted Volunteers Moses Frye or- 
ganized a battalion and became its Major, he was succeeded by Joseph Ab- 
salom Scales. 

It has been impossible to identify the companies with the above given 
regiments and batalions, but fragmentary rosters are as follows: 

Captain John W. ("Scoy") Brown, became demented and succeeded 
by E. G. Smith and later by John Gunter Scrimsher. First Lts. E. G. Smith. 
John Gunter Scrimsher and Dempsey Handle. Second Lt. Dempsey Handle, 
and Dumplin O'Fields, Third Lt. William Parrott, Orderly Sergeants John 
Anthony Foreman and Clark Charlesworth Lipe. Privates: John Chambers 
Jr., Joseph Chambers, George Davis, Deerham, Richard Fool, William Fool, 
Looney Hicks, Hogshooter, Jack Justice, Watie Lafabre, Talet Morgan, 
Johnson O'Fields, Tetenahi, Henry Covel, John Kickup, Joseph Turnover 
and George Runabout. In calling the roll orderly sergeant Lipe always fin- 
ished with "Kickup, Turnover and Runabout.'' 

Captain James Leon Butler, First Lt. Clement Vann Rogers, Second Lt. 
John Talala Kell, Third Lt. \\'illiam Henry Mayes. Privates: Lucien 
Burr Bell, Daniel O'Conner Kell, Joseph Kell, Lewis Ross Kell, Robert Due 
Knight, Thomas Rogers Knight, James L. McLaughlin, Thomas McLaughlin, 
Thomas Lewis Rogers, Rogers Stover, Saladin Watie, Robert Fite, Henry 
Sliaw, Joseph Landrum, Calvin Miller, Bevelly Bean Hickey, Bailey Bacon 
Thomas Bacon, John Calhoun West, William 'm. West, George We'st, John 
Gunter Scrimsher, Robert Mann, Rufus Montezuma Morgan,^ Calvin' Jones 
Hanks, Talet Morgan, Benjamin Franklin Adair, Green Parris, Charles H. 
Campbell, Robert Taylor Hanks, John Chambers Jr. and Maxwell Chambers. 
Butler's company was probably in the organization at Ft. Wayne in July, 
I86L " " 

Captain Benjamin Wisner Carter, First Lt. Richard Carter, Second L^ 
Johnson Fields, Third Lt. Catcher Teehee. Privates: Seaborn F. Tyner, 
Reuben Bartley Tyner, Abraham Woodall, Ezekial Bolin, Walter Bolin, 
S.mon Boynton, John Ross Carter, Charles Coody, Millard Filmore, Josepn 
Freshower Joseph Hedricks, William Hedricks, Isaac Keys, Loonev Keys. 


Monroe Keys, Sanuiel H. Keys. Samuel Houston Mayes, Worcester McCoy, 
Lewis Clark Ramsey, Randolph Riley, Samuel A. Riley, Antoine Rosters, An- 
drew Tyner, Daniel Teehee, Georg-e Teehee, John Teehee and Thomas 
Teehee. Possibly a company of the First Cherokee Mounted Volunteers. 

Captain John Childers', First Lt. Samuel Lee and Second Lt. Ellis 
Sanders"'. This was prohahly a company of Frye's Battallion. 

Captain John Porum Davis, First Lt. Charles Drew, Second Lt. James 
Christopher McCoy, Third Lt. John Q. Hayes, Orderly Sergeant Richard Neal, 
Second Sergeant John Evans, Third Sgt. Teesee Guess, Fourth Sgt. Samuel 
Campbell, Fifth Sergeant Heavy Butler, First Corporal George Downing, 
Second Corp. John Poorbear, Third Corp. Albert P. Shepherd, Fourth Corp. 
Thomas O. Bowles. Privates: George Arnold, Joe Ashes, James Apple- 
gate, George Bowles, James Bowles, Johnson Bowles, Samuel Bowles, Badger, 
Johnson Baldridge, David Barberry, Isaac W. Bertholf, Robin Bob, John 
Butterfield, Cahlahhoola, Chunarchur, Crane, David Davis, Small Dirt, David 
Downing, Edward Downing, Joseph Downing, Benjamin Ellis, Lafayette 
ElHs, Stand Foreman, Flyingaway, Buck Girty, Simon Girty, Buflalo Garves, 
James Griftin, William Grift'in, David Harris, Nathan Hicks, Walter Jack- 
son, John Kettle, Allen Latta, Hercules T. Martin, John Miller, George 
Morris, Daniel McCoy, W. S. McCoy, David McLaughlin, Oolskunee, Oowa- 
looka, Joseph Ore, Satanka, Joseph Shepherd, William STiepherd, George 
Smoker, Splitnose, Ellis Starr, Ezekial Starr, George Starr, Tobacco John, 
James Starr, James Starr, George Sunshine, Allison Woodville Timberlake, 
David Vann, Jesse \'ann, Monkey \'ann, Yartunnah \'ann, Thomas Watts 
and Reuben Williams. 

Captain William Eckridge First Lt. Thomas Jefferson McGee, Second 
Lt. Lewis Rogers, Third Lt. Albert McGee, Orderly Sergeant Dr. Charles H. 
Preston. Privates: David Bashears, Elap, George Broughill, David Burkett, 
John Beamer, Joseph Bledsoe, Lorenzo Bledsoe, John Caldwell, Ellis Dick, 
Isaac Dick, Dick Duck, John Duck, Ezekial ("Bud") Fields, Ezekial Fields, 
George Washinglon Fields, George Fields, Henry Fields, Matthew Fields, 
Thompson Fields, George Frazier, John Brown Harlan, Samuel G. Hefiing- 
ton, Scott Hunt, Calvin Jackson, Harvey Jackson, Benjamin King, Samuel 
Kinkade, Charles Lisenbe, Washington Lisenbe, Bee Marshall, John Mathis, 
David A. McGee, John McMurtrey, Solomon Moore, Oliver Morris, Wilson 
Muskrat, David Pogue, George Raper, John L. Rogers, Joseph Rogers. Shot- 
pouch- Frank Simms. William Stover- Ticanooly, George Washington Trout, 
George Washington Walker, Vann Ward, Hill Wilkerson and Albert Morris. 
This company was probably first- a part of Bryan's Battallion and later 
(Co. D?) of the Second Cherokee Mounted Volunteers. 

Captain John W. Fagan. 

Captain Richard Fields, First Lt. Moses Edwards, Second Lt. Bevelly 
Bean Hickey, Orderly Sergeant Coon Vann. Privates: George ("Buck- 
skin") Waters, Sunday Hogtoter, Benjamin Fisher, Hogstoter- George 
Waters- Yartunna Proctor, Tetenahi, B-enjamin King, Dreadfulwater- Lorenzo 
D. Chambers, John Quincy A. Smith, William Henry Mayes, Robert Mc- 


l.emcire and Thomas Henry Still. 

Captain Alexander Foreman. 

Captain Roswell W. Lee. First Lts. Henry Forrester and J. W. Gregg, 
Second Lts. William Taylor and Riley Wise Lindsey, Orderly Sergeants John 
Reese, Taylor Clark and John R. Vann. Privates: Lee Silk, Thomas Peter, 
Ikush, Charles Hicks, Rider Cloud- William Crane, William Womack, John 
Polk, Robert Barnard, James Brower, McCoy Smith, George W. Alberiy, 
Arseena, Samuel Benge, Alonzo Bledsoe, Thomas Bigby, James Crittenden. 
John Doghead, J. Hilary Clark, John Campeau, Richard Hurd, John Marshall 
Isaac Proctor, Ootlenowi, Ice Nitts, William Phillips, James Seymour, Ketcher 
Solomon, Bailey Bacon, John Bacon. William Taylor, J. Riley Baker, Cap 
Edwards, William Walker and William Deadrick. This was an artillery com- 
pany. They got their battery; three twelve pound howitzers and a 2.2 5 
pound brass rifle, early in 1863. One twelve pounder lost in Elk Creek after 
the battle of Honey Springs and found by the federals while searching for 
dead. Three other guns were added but their sources not known. On.; 
gun bursted by over charging at the capture of the Steamer J. R. Williams 
on June 15, 1864 and the others were surrendered to the United States at 
the close of the war. 

Captain Moses C. Frye. First Lt. John Childers, Second Lt. William 
Alexander and John Edward Gunter, Third Lt. William Barnes. Privates: 
Charles A. Fargo- Isaac Sanders, John Price, Thomas Jefferson Carter. 
Samuel Candy and. Ellis Sanders. This is probably the same company that 
was commanded by John Childers after Captain Frye organized and became 
Major of the battalion. 

Captain Sajnuel Gunter, First Lt. William Alexander, Second Lt. Calvin 
Jones Hanks, Third Lt. Rufus Bell Adair. Orderly Sergeant Robert Taylor 
Hanks. Privates: Felix N. Witt, John Bell Adair, Samuel Candy. John 
Edward Cjunter, Stephen N. Carlile- George Washington Fields, Charles 
Jones, Matthew Jones. James Ussrey, Philip Ussrey , Tobe Ussrey. Lock 
Langiev, John Price. Allen Matthis, William McCracken, Robert Alexander, 
John Poorhear, John Candy, Henderson Holt, John Gaf^'ord, George Smoker, 
John Lafayette Brown, David Ussrey, William Ussrey, John H. Shanks, 
Charles Harmon, Buck Elmo. Jeflerson Eldridge, George Yates, Moses Ed- 
wards, Seven Fields, Bertie Simmons, Keekee Gunter. Jesse Galiord, Jollv 
Colwell, Samuel Wheeler, Moses Holt. Joseph Perdue, John Perdue, John 
Frazell. John Gonzales, Snake Puppy, William Johnson and Benjamin John- 

Captain Charles Holt, First Lts. Montgomery Morgan and Squire Bald- 
ridge. Second Lts. John D. Alberty and Jack Miller, Orderly Sergeants James 
Reed and Coon Vann. Privates: Stephen N. Carlile, Charles Jones, James 
Ussrey George Reese, Stephen Whitmire, George' ("Buckskin") Waters, 
Samuel Payne, John Marshall, Little Leach, Charles Hicks. Arseena Vann, 
Abraham Lmcoln, J. L. McCorkle and William Lowrev 
Captain Richard O'Fields, First Lt. Johnson O'Fields 
Gaptams Thomas Jefferson Parks and John W. Fagan, First Lt. John 


VV. Fa,5an. Privates: John Pinkncv Chandler, Aanm Head Beck and 
Releford Beck. 

Captain Clement \ann Rogers, First Lt. Joseph Martin Lvnch. Second 
Lt. Thomas Lewis Rogers, Third Lt. Henry Chambers. Orderly Sergeant 
Robert McDaniel. Privates: Richard Grirtin- Daniel Webster Vann. Na- 
poleon Bonapart Rogers, Isaac Howell, John Hair, John W. Bumgarner, 
Caleb Wright, Virgil Crawford, Joseph Rogers, Antoine Rogers, Maxwell 
Chambers. Joseph Martin Hildebrand, Hilary Clark. Thomas Hubbard. Wilker- 
son Hubbard, Reuben Finley, Moses McDaniel, James Beavert, Lemuel 
Smith, John O'Reiley and Joseph H. Bennett. 

Captain Joseph Sniallwood. 

Captain John M. Smith. First Lt. Edward Foreman, Second Lt. Heman 
Lincoln Foreman, Third Lt. Martin Buzzardflopper. Orderly Sergeant Loonev 
Tiger. Privates: Richard L. Martin. John Palmer, Moses Williams and 
Nelson McDaniel 

Captain John W. T. Spencer. First Lt. Robert McDaniel, Second Lt. 
James Beavert, Third Lt. Randolph Coker, Orderly Sergeant Daniel Webster 
Vann. Privates: Houston Allen, John Bell, John Boot, James Cannon. 
Virgil Crawford- David Cogswell, Archibald Elliott, George W. Elliott. James 
Elliott, Walter Elliott. Jefl'erson Gage, John Gritfin, .Alexander Gordon. Wilev 
McNair Guilliams, William Hicks, Daniel O'Conner Kelt, Joseph KelL Richard 
L. Martin, Nelson McDaniel, David McLaughlin. Ezekial McLaughlin. John 
McNulty, John McPherson, John Palmer. John Poorbear, James Benjamin 
Franklin Rogers, James Spencer, Napoleon Bonapart Rogers, Claybourne Tay- 
lor, Andrew Townsend. Reuben R. Tyner. Bryan Ward, James Ward, John 
Ward, James Williams. John Williams, Moses Williams, John Witt and 
William McCracken. 

Captain James Stewart, First Lt. Catterson, Second Lt. George 

U'. Snardy. Third Lt. Newton Swinney, Orderly Sergeant John Anderson. 
Privates: James Brower, Frank Bryan. Jack Bryan. Samuel Bryan, John 
Burns, John Campeau, John Campbell- Thomas Cotfelt, John Crabtree, 
Thomas Ebv, Charles Edmondson, N. B. Edmondson. George Washington 
Elliott, J. William Gregg. Daniel O'Conner Kell. Joseph Kell, Alexander L. 
Martin, Napoleon B. McCreary, John Nance- M. P. Snider, John Stotts, 
Joseph Lvnch Thompson. George Wagoner, Walter Adair West and James 

Captains William Taylor and William Eubanks, First Lt. William Eu- 
banks. Second Lt. George Reese. Third Lt. John Alexander. 

Captain Hugh Tinnon, First Lt. Jeter Thompson Cunningham, Second 
Lt. William Evans, Third Lt. Joseph Ingle, Orderly Sergeant Patrick Patton. 
Privates: Hugh Abercrombie, Charles Barney, Henry Baumister, John Brad- 
shaw, John Bdckey, William Brickey, Mitchell Blevins, Ransom Blevins 
Thompson Blevins, John Abercrombie, Lafa3'ette Abercrombie, Freeman 
Authur, John Chastain, Chuwanosky, Henry Coats, John Coats, James Cole- 
man, William Compton, Alexander Copeland, Austin Copeland. Andrew 
Countryman, George Countryman. John Countryman. Samuel Countryman, 
David Denton, Jack Dickey, Edward Evans, Lewis Fair, James Sanford 


Fields. Moses Fields, Robert Francis. Henry Gates, William Green, Richard 
Holland. William Howell. John Ingle, Thomas Ingle, John Ishell, Columbus 
Isbell Chapman Johnson, Thomas Johnson, Elijah Keith, John Keith. 
Thomas Keywood, William Keywood. Thomas King, Samuel Kirkpatrick, 
Henrry l.ouks, P. G. Lynch. Charles McFadden. Telia McFadden. Thomas 
McFadden, Samuel McPhail, Marshall McSpadden, John O'Bryan, Shipman 
Reed, John Rhea, John Rogers. Samuel C. Sager, John Smith. Elisha Stover. 
Rogers Stover, John Calhoun Sturdivant, Zimerhew Thomas, James Tinnon, 
William Tinnon, Stephen Walker, David White, James White and Marion 

Captain John Shepherd Vann. First Lt. Walker Carey. Private Calvm 

Jones Hanks. 

Captain Charles E. Watie, First Lt. Wilson Suagee. Second Lt. Samuel 
Mush, Third Lt. John Maw. Privates: John Ketcher, Alfred Pigeon, Logan 
Pigeon, Jack Pigeon, Stand Suagee and Ezekial Beck. 

Captain Erastus Howland. First Lt. Knight. Second Lt. 

Boone, Third Lt. Antoine LaHay. Privates: Heman Lincoln Foreman, 
Alexander McCoy Rider and Riley J. Keys. 

Captain William H. Turner, First Lt. Antoine LaHay. Second Lt. Re- 
turn Jonathan Foreman, William W. Bark, Orderly Sergeant Jacob Markham. 
Privates: Amos Foreman, Squataleechee, William Cochran, Carter Daniel 
Markham, George Foreman. Lewis Cochran, John Cochran, Henry Blalock, 
George Arseena, J. P. Blackstone, Joseph Bledsoe, Littlebird, Samuel Coch- 
ran, Charles Cochran Sr., Charles Cochran Jr., John S. Coats, Wilson Cor- 
dery, Thomas Cordery, James Davis Sr., James Davis Jr., W. A. Dennison, 
Jackson Foreman, Looney Downing. Thomas Harvingston. George W. Kirk, 
John Inlow, Charles Jumper, Robert Kanard, John LaHay. John Mosley. 
John Martin Miller, Andrew Miller, Washington Miller. Robert J. Mann. Wil- 
son Muskrat, James Proctor, Nelson Proctor, Johnson Thomas, Thomas C. 
Thomas, James Winifield, Ulrich Waldron, Samuel Wisner, James Wortham, 
John O'Reilly, Charles Hillen and William C. Daniel. 

Governor Rector of Arkansas wrote Chief Ross on January 2'), 1861 
requestng- the cooperation of the Cherokees with the Confederacy to which 
Chief answered avowing neutrality?. The Chief by letters of May I7th'', 
June 12th*' and 17= and in a proclamation of May 17th reiterated his stand 
for this principle". On July 12th Stand Watie the political opponent of 
Chief Ross organized his regiment and shortly afterwards the chief called 
a general convention of the Cherokees to meet at Tahlequah on August 2 1st. 
The Chief again urged neutrality" and the convention passed resolutions in 
keeping with that sentiments The Chief wrote General McCullough that 
"we are authorized to form an alliance with the Confederate States, which 
we are determined to do as early as practicable. This determination may 
give rise to movements against the Cherokee people upon their northern 
border. To be prepared for any such emergency, we have deemed it pru- 
dent^ to proceed to organize a regiment of mounted men and tender them for 
service. They will be raised forthwith, by Colonel John Drew, and if re- 
ceived by you will require to he armed"? 


Chief Ross appointed the following otlicers for Drew's regiment: Colonel 
John Drew, Lieutenant Colonel William Potter Ross, Major Thomas Pegg, 
Adjutant James S. Vann, Surgeon Dr. Robert D. Ross. Chaplain Lewis Down- 
ing. Captains: Co. A, Pickens M. Benge; Co. B, Richard Fields; Co. C 
John Poruni Davis; Co. D. James McDaniel; Co. E, Lewis Ross, succeeded 
by Newton Hildebrand; Co. F, William W'. Alberty; Co. G, Anderson Spring- 
ston; Co. H, Nicholas Byers Sanders; Co. \> George M. Murrell. succeeded by 
Jefferson Hicks; Co. K, George Washington Scraper and Co. L, James Vann 
A treaty was concluded at Hunters Home, the residence of George M. 
Murrell on October 7. 1 861 between the Confederate States and the 
Cherokee Nation and two days later Chief Ross delivered his message to the 
national council: 

To the National Committee and Council in National Council convened: 

Friends and Fellow-Citizens: Since the last meeting of the National 
Council events have occurred that will occupy a prominent place in the his- 
torv of the world. The United States have been dissolved and two govern- 
ments now exist. Twelve of the states composing the' late Union have erect- 
ed themselves into a government under the style of the Confederate States of 
America, and, as you know, are now engaged in a war for their independence. 
The contest thus far has been attended with success almost uninterrupted on 
their side and marked by brilliant victories. Of its final result there seems 
to b no grounds for a reasonable doubt. The unanimity and devotion of the 
people of the Confederate States must sooner or Liter secure their success over 
all opposition and result in the establishment of their independence and a rec- 
ognition of it by the other nations of the earth. 

At the beginning of the conflict I felt that the interest of the Cherokee 
people would be best maintained by remaining quiet and not involving them- 
selves in it prematurely. Our relations had long existed with the United 
States Government and bound us to amity and peace alike with all the States. 
Neutrality was proper and wise so long as there remained a reasonable prob- 
ability that the difficulty between the two sections of the Union would be 
settled, as a different course would have placed all our rights in jeopardy and 
might have lead to the sacrifice of the people. But when there was no longer 
any reason to believe that the Union of the States would be continued there 
was no cause to hesitate as to the course the Cherokee Nation should pursue. 
Our geographical position and domestic institutions allied us to the south, 
while the developments daily made in our vicinity and as to the purposes of 
the war waged against the Confederate States clearly pointed out the path of 
our interest. 

These conisderations produced a unainmity of sentiment among the 
people as to the policy adopted by the Cherokee Nation, which was clearly 
expressed in their general meeting held at Tahlequah on the 2 1st of August 
last. A copy of tlie proceedings of that meeting is submitted for your infor- 

In accordance with the declarations embodied in the resolutions then 
adopted the Executive Council deemed it proper to exercise the authority con- 


ferred upon them by the people there assembled. Messengers dispatched to 
General Albert Pike, the distinguished Indian Commissioner of the Confeder- 
ate States, who having negotiated treaties with the neighboring Indian nations, 
was then' establishing relations between his government and the Comanches 
and other Indians in'^ the Southwest, who bore a copy of the proceedings of 
the meeting referred to, and a letter from the executive authorities, proposing 
on behalf of the nation to enter into a treaty of alliance, defensive and of- 
fensive, with the Confederate States. 

In the exercise of the same general authority, and to be ready as far as 
practicable to meet any emergency that might spring up on our northern bord- 
der, it was thought proper to raise a regiment of mounted men and tender its 
services to General McCullough. The people responded with alacrity to the 
call, and it is believed the regiment will be found as efficient as any other like 
number of men. it is now in the service of the Confederate States for the 
purpose of aiding in defending their homes and the common rights of the In- 
dian nations about us. This regiment is composed of ten full companies, with 
two reserve companies, and, in addition to the force previously authorized to 
be raised to operate outside of the Nation by General McCullough, will show 
that the Cherokee people are ready to do all in their power in defense of the 
Confederate cause, which has now become our own. And it is to be hoped 
that our people will spare no means to sustain them, but contribute liberally 
to supply any want of comfortable clothing for the approaching season. 

In years long since past our ancestors undaunted those who would in- 
vade their mountain homes beyond the Mississippi. Let not their descendants 
of the present day be found unworthy of them, or unable to stand by the 
chivalrous men of the South by whose side they may be called to fight in 
self-defense. The Cherokee people do not desire to be involved in war, but 
self-preservation fully justifies them in the course they have adopted, and they 
will be recreant to themselves if they should not sustain it to the utmost of 
their humble abilities. 

A treaty with the Confederate States has been entered into and is now 
submitted for your ratification. In view of the circumstances by which we are 
surrounded and the provisions of the treaty it will be found to be the most 
important ever negotiated on behalf of the Cherokee Nation, and will mark 
a new era in its history. Without attempting a recapitulation of all its pro- 
visions, some of its distinguishing features may be briefly enumerated. 

The relations of the Cherokee Nation are changed from the United 
to the Confederate States, with guarantees of protection and a recognition 
in future negotiations only of its constitutional authorities. The metes and 
boundaries, as defined by patent from the United States, are continued, and a 
guarantee given for the Neutral Land or a fair consideration in case it should 
be lost by war or negotiation and an advance thereon to pay the national debt 
and to meet other contingencies. The payment of all our annuities and secur- 
ity of all our investments are provided for. The jurisdiction of the Cherokee 
courts over all members of the Nation, whether bv birth, marriage, or ad- 
option, is recognized. 

Our title to our lands is placed beyond dispute. Our relations with the 


Cnnfederate States is that of a ward; tlu'lrs to us that of a protectorate, with 
powers restricted. The district court, with a limited civil and criminal jurisdic- 
tion, is admitted into the country instead of beinj;- located at Van Buren, as was 
the United States court. This is perhaps one of the most important provis- 
ions of the treaty, and secures to our citizens the ,i;reat constitutional right 
of trial by a jury of their own vicinage, and releases them from the pettv 
abuses and vexations of the old system, before a foreign jury and in a foreign 
country. It gives us a delegate in congress on the same footing with del- 
egates from the Territories, by which our interests can be represented; a right 
which has long been withheld from the Nation and which has imposed upon 
it a large expense and a great injustice. !t also contains reasonable stipula- 
tion in regard to the appointing powers of the Agent and in regard to licensed 
traders. The Cherokee Nation may be called upon to furnish troops for the 
defense of the Indian country, but is never to be taxed for the support of any 
w;ir in which the States may be engaged. 

The Cherokee people stand upon new ground. Let us hope that the 
clouds which overspread the land will be dispersed and that we shall prosper as 
we have never before done. New avenues of usefulness and distinction will be 
oplmi to the ingenious youth of the country. Our rights of self-government 
will be more fully recognized, and our citizens will be no longer dragged off 
upnn flimsy pretexts, to be imprisoned and tried before distant tribunals. No 
just cause exists for domestic difticulties. Let them be buried with the past 
and only mutual friendship and liarmony be cherished. 

Our relati^ins with the neighburing tribes are of the most friendly char- 
acter. Let us see that the white path which leads from our country to their^ 
be obstructed by no act of ours, and that it be npen to all those with whom 
we ma\' be brnught into intercourse. 

Amid the excitement of the times it is tn be hoped that the interests of 
education will not be allowed to sutler and that no interruption be brought in- 
to the usual operations of the government. Let its olficers continue to dis- 
charge their appropriate duties. 

As the services of some of your members may be required elsewhere 
and all unnecessary expense should be avoided, I respectfully recommend 
that the business of the session be promptly discharged. 

John Ross. 

Executive Department, 

Tahlequah, C. N., October Q, 1861. 

On October 28th the council issued the following declaration: 
Declaration by the People of the Cherokee Nation of the Causes Which Have 

Impelled them to Unite Their Fortunes With Those of the Confederate 

States cf America. 

When circumstances beyond their cnntrol compel one people to sever 
the ties which have long existed between them and another state or confed- 
eracy, and to contract new alliances and establish new relations for the secur- 
ity of their rights and liberties, it is fit that they should publicly declare the 
reasons by which their action is justified. 

The "Cherokee people had its origin in the South; its institutions are sim- 


ilar to those of the Southern States, and their interests identical with theirs. 
Long since it accepted the protection of the United States of America, con- 
tracted with them treaties of alliance and friendship, and allowed themselves 
to be to a great extent governed by their laws. 

In peace and war they have been faithful to their engagements with 
the United States. With much hardship and injustice to complain of, they, 
resorted to no other means than solicitation and argument to obtain redress. 
Loval and obedient to the laws and the stipulations of the treaties, they serv- 
ed under the flag of the United States, shared the common dangers, and were 
entitled to a share in the common glory, to gain which their blood was freely 
shed on the battlefield. 

When the dissentions between the Southern and Northern States cul- 
minated in a separation of State after State from the Union they watched the 
progress of events with anxiety and consternation. While their institutions 
and the contiguity of their territory to the states of Arkansas, Texas and Mis- 
souri made the cause of the seceding States necessarily their own cause, their 
treaties had been made with the United States, and they felt the utmost reluct- 
ance even in appearance to violate their engagements or set at naught the 
obligations of good faith. 

Conscious that they were a people few in numbers compared with either 
of the contending parties, and that their country might with no considerable 
force be easily overrun and devasted and desolation and ruin be the result if 
they took up arms for either side, their authorities determined that no other 
course was consistent with the dictates of prudence or could secure the safety 
of heir people and immunity from the horrors of a war waged by an invad- 
ing enemy than a strict neutrality, and in this decision they were sustained by 
a majority of the Nation. 

That policy was accordingly adopted and faithfully adhered to. Early 
in the month of June of the present year the authorities of the Nation declin- 
ed to enter into negotiations for an alliance with the Confederate States, and 
protested against the occupation of the Cherokee country by their troops, or 
any other violation of their neutrality. No act was allowed that could be con- 
strued by the United States to be a violation of the faith of treaties. 

But Providence rules the destinies of nations, and events, by inexorable 
necessity, overrule human resolutions. The number of the Confederate States 
increased to eleven, and their government is firmly established and consoli- 
dated. Maintaining in the field an army of two hundred thousand men, the 
war became for them but a succession of victories. Disclaiming any intention 
to invade the Northern States, they sought only to repel invaders from their 
own soil and to secure the right of governing themselves. They claimed 
only he privilege asserted by the Declaration of American Independence, and 
torn! d Ifu"^ .f "'' ^°'*^'™ 5*'*" themselves to self-government is 
enb^ ;ni. 'n- K '■ '°''"' °^ government when it became no longer tol- 
erable and establishing new forms for the security of their liberties. 
footed J^^-T "' Confederate States we saw this great revolution ef- 

Th n i r r " "' '"'•:'"'''" '^ '''' '^^^ °^ ^"^^ '^'^^•"S- of the courts, 
nnhtarv poue, was nowhere placed above the civil authorities. None 


were seized and imprisoned at the mandate nf arbitrary power. All division 
among the people disappeared, and tiie determination became unanimous that 
there should never again be any union with the Northern States. Almost as 
one man all who were able to bear arms rushed to the defense of an invad- 
ed country, and nowhere has it been found necessary to compel men to serve 
or to enlist mercenaries by the oiler of extraordinary bounties. 

But in the Northern States the Cherokee people saw with alarm a violat- 
ed constitution, all civil liberty put in peril, and all rules of civilized warfare 
and the dictates of common humanity and decency unhesitatingly disregard- 
ed. In states which still adhered to the Union a military despotism had dis- 
placed the civil power and the laws became silent amid arms. Free speech and 
almost free thought became a crime. The right of the writ of habeas corpus, 
guaranteed by the constitution, disappeared at the nod of a Secretary of State 
or a general of the lowest grade. The mandate of the Chief Justice of the 
Supreme Court was at naught by the military power and this outrage on com- 
mon right approved by a President sworn to support the constitution. War 
on the largest scale was waged, and the immense bodies of troops called into 
the field in the absence of any law warranting it under the pretense of sup- 
pressing unlawful combination of men. 

The humanities of war. which even barbarians respect, were no longer 
thought worthy to he observed. Foreign mercenaries and the scum of the 
cities and the inmates of prisons were enlisted and organized into brigades 
and sent into Southern States to aid in subjugating a people struggling foi 
freedom, to burn, to plunder, and to commit the basest of outrages on the 
women; while the heels of armed tyranny trod upon the necks of Maryland 
and Missouri, and men of the highest character and position were incarcera- 
ated upon suspicion and without process of law, in jails, in forts, and prison 
ships, and even women were imprisoned by the arbitrary order of a President 
and Cabinet Ministers; while the press ceased to be free, and the publication 
of newspapers was suspended and their issues seized and destroyed; the of- 
ficers and men taken prosiners in the battles were allowed to remain in cap- 
itvity by the refusal of the Government to consent to an exchange of prison- 
ers; as they had left their dead on more than one tield of battle that had 
witnessed their defeat, to be buried and their wounded to be cared for by 
southern hands. 

Whatever causes the Cherokee people may have had in the past to com- 
plain of some of the southern states, they cannot but feel that their interests 
and destiny are inseparably connected with those of the south. The war now 
waging is a war of Northern cupidity and fanaticism against the institution of 
African servitude; against the commercial freedom of the south, and againsc 
the political freedom of the states, and its objects are to annihilate the sover- 
eignty of those states and utterly change the nature of the general govern- 

The Cherokee people and their neighbors were warned before the war 
commenced that the first object of the party which now holds the powers of 
government of the United States would be to annul the institution of slavery 
in the whole Indian country and make it what they term free territory and after 


a tinio a free state; :ind they have been also warned by the fate which has 
befallen those of their race in Kansas, Nebraska and Oregon that at no distant 
day they too would be compelled to surrender their country at the demand 
of Northern rapacity, and be content with an extinct nationality, and with 
reserves of limited extent for individuals, of which their people would soon 
be disponed by speculators, if not plundered unscrupulously by the state. 

Urged by these considerations, the Cherokees, long divided in opinion, 
became unanimous, and like their brethren, the Creeks, Seminoles, Choctaws, 
and Chickasaws, determined, by the undivided voice of a General Convention 
of all the people, held at Tahlequah on the twenty-tirst day of August, in 
the present year, to make connnon cause with the South and share its 

In now carrying this resolution into etiect and consummating a treaty of 
alliance and friendship with the Confederate States of America the Cherokee 
people declare that they have been faithful and loyal to their engagements 
with the United States until, by placing their safety and even their national ex- 
istence in eminent peril, those States have released them from those engage- 

Menaced by a great danger, they exercise the inalienable right of self 
defense, and declare themselves a free people, independent of the Northern 
States of America, and at war with them by their own act. Obeying the 
dictates of prudence and providing for the general safety and welfare, con- 
fident of the rectitude of their intentions and true to the obligations of duty 
and honor, they accept the issue thus forced upon them, unite their fortunes 
now and forever with those of the Confederate States, and take up arms for 
the common cause, and with entire confkience in the justice of that cause and 
with a lirm reliance upon Divine Providence, will resolutely abide the con- 

President of National Committee. 

Clerk National Committee. 


Speaker of Council 


Clerk of Council. 

Approved. JOHN ROSS. 

Brigadier General Albert Pike \\-ai assigned to the command of the 
Indian Territory on November 22, 1861. The battle of Bird Creek between 
Opothleyohola's federal Creek refugees and the confederate forces, includ- 
ing Drew's regiment was fought on December ^ifh. After the battle of Pea 
Ridge, in Arkansas on March 6, 1862, the confederate authorities diverted 
all possible forces and equipment to the east side of the Mississippi. Thus 
the Cherokee Nation was left with scarcely any protection from their con- 
federate allies. The Cherokees received no pay as soldiers. Funds, ammuni- 
tions, artillery, arms, commissary supplies and clothing that had been meant 


for them \v;is stepped at Fort Smith ;uid Little Rocki. Duriiiii the month of 
March, Brigadier General Albert Pike paid to Cherokee national treasurer, 
Lewis Ross, at his brother John Ross' residence at Park Hill, as per the re- 
quirements of the late treaty, one hundred and lifty thousand dollars in con- 
federate bills and seventy thousand dollars in gold. 

A federal expedition was outlitted at Fort Scott and started to the 
Cherokee Nation on March 6, 1862. It was designated the "Indian expe- 
diti n" and was under the command of Colonel William Weer, who wrote 
from Le Roy. Kansas on the thirteenth of June that "John Ross is un- 
doubtedly with us. and will come out openly when we reach there."- The 
Indian expedition rapidly approached from the north by way of Humboldt, 
Kansas- and Cowskin Prairie\ Cherokee Nation. Brigadier General Pike 
had made his headquarters at Camp McCullough near Red River since the 
battle of Pea Ridge and a Colonel J. J. Clarkson had been appointed as 
confederate commander in the Cherokee Nation on June 26th. ranking; 
Colonels Watie and Drew, and independent of Brigadier General Pike. His 
unpicketed camp at Locust Grove was surprised a little before daybreak on 
July 3 by Colonel Weer. Col. Clarkson and several of his men were cap- 
tured. Nearly all of Drew's regiment which had been camped on Flat Rock 
Creek on the west side of Grand River, S')me twenty miles southwest of 
Locust Grove, joined the federal forces on Cabin Creek on the third, fourth, 
fifth and sixth of July. Colonel Drew remained loyal to the confederacy. 
The Second Indian Home Guards federal service was organized at Cabin 
Creek on the fifth under Colonel John Ritchey. William A. Phillips became 
colonel of the Third Indian Home Guards- U. S. A. The Home Guards re- 
turned to Flat Rock on the eleventh. 

Captain Harris S. Green, of the Sixth Kansas Cavalry, which was 
a part of the Indian expedition arrived at Chief Ross' on July l5th and Col^ 
Weer occupied Fort Gibson on the same date. Captain Greeno reported 
that "Chief Ross feels very badly on acount of our not having any forces 
on this side of the river (Grand) for protection.''' Over two hundred mem- 
bers of Home Guards regiments were at Chief Ross' at the time and Captain 
Greeno went through the formality of arresting Chief Ross, Lieutenant 
Colonel William P. Ross. Major Thomas Pegg, First Lieutenants Anderson 
Benge and Joseph Chooie, Second Lieutenants Lacey Hawkins, Archibald 
Scraper, George W. Ross, Third Lieutenants Allen Ross. Joseph Cornsilk 
and John Shell. 

Colonel Weer was arrested at the camp on Cabin Creek by Colonel 
Frederick Solomon of the Ninth Wisconsin Volunteers on the charge of 
having conducted the command to a distant station where they were not 
in communication with the commissary department and practically out of 
provisions, but the whole affair had the appearance of jealous insubordina- 


tion, as CoIoiil-I Weer was shortly afterwards advanced in rank. The 
prairies were covered with the cattle of the Cherokees? but other food was 
not to be had locally. But from this date cattle stealing' became so popular 
with the Kansans that before the end of the war cattle became a rare sight 
in the Nation. Colonel Solomon withdrew his northern forces to Hudson 
ferry of Grand River, on the Kansas line and the Cherokees were left on Flat 
Rock Creek, ten miles north of the present city of Wagoner. 

Lieutenant Colonel Thomas Fo.x Taylor and several of his command 
were killed on Bayou Menard on the morning of July 2 7th, Chief Ross, with 
his friends and relatives together with the national records and the two 
hundred tiftv thousand dollars that had been received from the confederate 
government started north under a federal escort in the afternoon of the same 
day. They arrived at Fort Scott on August 7, 1.S62'. Notwithstanding the 
dire distress of most of the Cherokee refugees in southeastern Kansas, Chief 
Ross, his family and a few relatives, left one week later- for Pennsylvania, 
where they staid during the remainder of the war. 

The battle of Fort Wayne was fought on October 22, 1862, the con- 
federates were defeated, their artillery captured and they retired to Canadian 
River. Fort Davis, opposite Ft. Gibson, was burned by the federals on 
December 2 7th. 

The First Indian Home Guard regiment was principally Creeks. The 
Second and Third regiments of this brigade were predominantly Cherokee. 
The Second had sixty six officers and one thousand eight hundred privates. 
The Third had fifty two officers and one thousand four hundred thirty seven 
privates, totaling three thousand three hundred eighty eight men. A frag- 
mentary list of these organizations are: Second Regiment, Colonel John 
Ritchey. I.t. Colonels David B. Corwin and Frederick W. Schuarte, Surgeon 
Dr. A. J. Ritchie. 

Captain Co. A James McDaniel. First Lt. McLain, Second Lt. 

Walter Long. Privates: Jug Whitepath, West Beamer, Cat, Dick Duck, 
John Mcintosh, John Glass, Hungry, Levi O' Fields, Rocky Mountain, Thomas 
Potato, Shade, Walter Stop, Swimmer, Joseph Swimmer, Tun-ne-no-lee, 
Backwater, Wahsosee, Oganiah Weliny. 

Captain Co. B Moses Price, First Lt. Juhn M. Hunter. Second Lt. Alex- 
ander Hawk. Orderly Sergeant Charles Teehee. Privates: Chu-hi-tla, 
Walter Downing, Isho-wah-no-ski, Daniel Tucker, William Tucker. Henry 
WJute, Tee-cnn-(i-gi-ski. Henry Blackfox, Daniel Chopper, Daylight Chopper, 
Wilson Drum, Lewis Forkedtail, Joseph Fox, Gu-no-hi-du- Oochalata, Oola- 
wate, Archibald Spears, Sweetwater. Redbird Jiger and Wheeler Tiger. 

Captain Co. C James H. Bruce. Privates: Samuel Crittenden, Little- 
bear Bigmush, Thomas McCoy, Mankiller Catcher, Ned Wickett, Chu-hi-sa-ta, 
Elowe, George Wilson Girty, Jimmy, Dick Gagawi, Bark Prince, Jackson 


PriiK-e, 'l';iylor Prince, Squirrel Starr. Eli Tadpole, Tousih and James Taylor. 

Captain Co. D Archibald Scraper. First l.t. .lohn C. Palmer, Second 
Lt. Joseph Chooie, Orderly Sergeant Henry Scraper. Privates: Delaware 
Sixkiller, Canaheela, Crawler, Creek George, Dick Crittenden, John Foster. 
Goingsnake. Hider, Going to mill, Isaac Hawk. Wilson Lacey, Stephen 
Oolstoo, George Washington Scraper, Sicooie, Pelican, Sand, Too-cu-ta, 
Edward Walker, Walter, Whaler Watt and Jack Watt. 

Captain Co. E Daniel McCoy Gunter, First l.t. William H. Kendall. 
Second Lt. Rufus O. Ross. Orderly Sergeant Daniel Ross Hicks. Privates: 
David Hendricks, James Hair, Charles Harjo, John Riley, Samuel Sanders, 
Lester Schneider. George Tiesky, Wareagle, Jack Woodard, Loony R. Gourd. 
John R. Hicks. Charles R. Hicks, Lewis Ross Thornton, William H. Thorn- 
ton, Robert B. Ross. Lewis Dunbach, Armistead Maxlield, Tarsutta McCoy. 
Samuel Crossland, George Love, Lewis Hicks, William McCoy, James West, 
Thornton. Creek Jim Fox, Benjamin Foster, James Foster, Richard Dick- 
Nicholas Sanders, Jesse Sanders, Eli Sanders, Andrew Cordrey, Jefferson 
Robertson, Richard Robertson, Wade H. Robertson, John Walker, George W. 
Gage, Ross .Adair and Benjamin .Adair. 

First Lt. Co. F Arleecher. Privates: Tu-ya-stee-ka, Henry \'ann. 
Walter Hunter, Aaron, Archey, Arneechee, Tom Big, James Bolin. John 
Baldridge. Archibald Canoe. Thomas Cornsilk, Creek Tulsa, Adam Dirtseller, 
David Holmes, Johnson, Eli Lowrey, Lovett, Scott Mankiller, Edward Ma_\- 
field. Nelson, Plow, Spirit, Su-yo-du, Ta-ka-li-gi-ski, Houston Mayfield and 
Key Dougherty. 

Captain Co. G Bud Gritts. Privates: John Bean. James Beaver, 
Jumper Blackburn, Bullfrog, George Drum- Askwater, James Vann and Reed 

Captain Co. H Andrew J. Waterhouse. Privates John Wright ai'd 
Scraper Nicholson. 

Captain Co. 1 Dirtthrower. First Lt. Jesse Henry. 

Captain Co. K Springfrog. 

Colonel Third Indian Home Guards William A. Phillips, Lieutenant 
Colonel Lewis Downing, Major John A. Foreman. 

Captain Co. A Smith Christy. First Lt. Samuel Houston Benge. 

Captains Co. B Isaac Tyner and Alexander C. Spillman, First Lt. Alex- 
ander C. Spillman, Second Lt. William Sunday. Privates: John Thomp- 
son, Lacey Beartoter, Richard Bearpaw, Harry Cutter, Johnson Dick, Peter 
Dry, Adam Feeling George- Hungry Dick, Johnson Jug, Jack Rabbit. John- 
son Ridge, George Ridge, John Sharp, Sharp- Tom Sunday, George Seven. 
Smoker, John Starr. Jesse Witch, John Bear, Otterlifter, Waterhunter, Tom 
Spikebuck. David Consene, Red Ellis. Eli Goodmoney, Joe F. Reese, Lewis 
Wolf, Soup, Sulteeska. Wolf Smoke, Hogshooter, Grass and Runabout Puff. 

Captain Co. C Nathaniel Fish. Privates: Thompson Bean. George 
Cooweescoowee, Goback, Wilson Hair, Thomas Suake, Tadpole Crossing, 
George Weaver, Joseph Butler, Ellis Johnson, William Catcher, Looney Mc- 
Lain,'' Andrew Nowife, John Riley, Shoe Boots, Tallow Mayes, Lewis Scon- 


tihee, George Adams, William Cade, Thomas Hammer. James Hite, Jaybird 
Raft- Mick Leach> Young Puppy and Jackson Rail. 

Captain Co. D Talala. Privates: Dragging Downing, David Horn, 
Samuel Knight, Charles Pumpkin, Hunter, Runabout Fodder, Samuel Spirit, 
George Soap, Wiley, Jesse Smoke, Sanders, Blackhaw, Dull Downing, Samuel 
Henry, John Pickup, Bigtalker, Jack Double, Alexander Downing, Thomas 
Hammond, George Hog, Situake- William Sourjohn. Tony and Arch Keener. 

Captain Co. E William Webber and Thomas Pegg, First Lt. John S. 
Hanway, Second Lt. Bear Brown, Orderly Sergeant Robin Crawford. Pri- 
vates: Jesse Davis, Josiah Stealer, Jim Yohola, George Washington Clark, 
Crapo, Creek Sam, Sidney Justice, Frank Kerr, John Meigs, Murdoch Mc- 
Leod, James McTier, Henry Nave, Nicholas B. Woods, DeKinney Waters 
Salt, John Young, Joseph Young, Roach Young, Thomas Young, Josiah 
Ridge, Peter Emory, Jumper, James, Misaeala, John Sekeekee, Sunday and 
James Oowano. 

Captain Co. F Huckleberry Downing, First Lt. Andrew W. Robb. Pri- 
vates: George Brush, Nightkiller, George Rooster, Avery Vann, Drinker 
Walkingstick, Washington Clay, Aaron, James Beanstick, John Coleman, 
Jesse Grass, Lacey Hawkins, Jumper, Johnson Jack, Joseph T. Glass, Twist, 
Waleeska Batt- Dave, John Duck, Nathaniel Ellis, Daniel Foster, James Har- 
ris, Squirrel Lowrey, Charles Timherlake, Oochalata, Charles Olter, Dirt 
Seller, Johnson Situwake, Wahachi and Thicket Baldridge. 

Captain Co. G Maxwell Phillips, Second Lt. Carselowry Proctor, Orderly 
Sergeant Spencer S. Stephens. Privates: Henry Christy, Charles Walking- 
stick, Little Grimmett, Sold, Tieska Pritchett, Josiah Pigeon, John Walking- 
stick, Stand, Horace Broom, Runner Catcher, Richard Christy, Doctor, Alex 
Puppy, Benjamin Sanders, Johnson Shade, Turningabout, Bottom Water and 
Hawk Fourkiller. 

Captain Co. H. Simon Snell, First Lt. Harmon Scott- Second Lt. Basil 
G. McCrea. Privates: Jackson Bird, Rider Foreman, Moses Sixkiller, Long 
Charley, Leaf, Youngwolf Sixkiller, Thomas Starr, Pheasant Tanner, Elijah- 
Crying Wolf, Johnson Geeskv- George Hildebrand, Wasody Stop and Joseph 

Captain Co. I Whitecatcher, First Lt. Charles Brown, Second Lt. William 
Sunday. Privates: Stephen Spears, Silas Ross, George W. Ross, Allen Ross, 
Michael Hildebrand, John Smith, James Burns, James Shelton and John L. 

Captain Co. K James Vann. 

Captain Co. L Solomon Kaufman, First Lt. Redbird Sixkiller, Second 
Lt. Jules C. Cayot, Orderly Sergeant William H. Hendricks. Privates: 
Ezekial Proctor, James Chambers, Aaron Goingwolf, John Hendricks, Isaac 
Glass, William Hendricks Jr., Benjamin Haney, Jesse Bushyhead and Samuel 
Sixkiller. This was an artillery company. 

Captain Co. M Henry S. Anderson. " 

Ft^Gibson was occupied on April 8, 1 863 by the First, Second and Third 
Indian Home Guards, four companies of Kansas cavalry and Hopkins battery, 
aggregating three thousand one hundred fifty men. They threw up some 


earthworks above the site of the old post and called it Fort Blount in honor 
of Major General James G. Blunt U. S. V., then in command of Kansas 
and Indian Territory. On May twentieth a sortie was made on the fort hy 
a small detachment of Watie's command which captured all of the mules and 
most of the horses belonging to the garrison. 

The battle of Honey Springs was fought on July seventeenth. The 
powder used by the confederates had been bought in Mexico and would 
hardly eject the bullet from the rifle and consequently they were defeated. 
Colonel Watie led an expedition to Tahlequah. where he burned the capitol 
buildings on October 2 8th and on the following day he burned Chief Ross' 
house at Park Hill. 

It was the policy of both armies to place the supreme command with 
White men, on the theory that the Indian would not make a good general 
commander. During the earlier years of the war when conditions were 
more favorable. Generals Pike, Steele, Maxey and Cooper commanded the 
Indian Territory. After the tide of war had turned decidedly in favor of the 
I'nion, when Forts Smith and Gibson were in the hands of the federals Stand 
Watie was made a brigadier general of the confederate army and in com- 
mand of the Cherokee brigade and practically independent of Brigadier 
General Cooper. On the fifteenth of June 1864 General Watie captured ai 
Pheasants Bluff on Arkansas River the steamboat J. R. Williams, laden with 
supplies for Ft. Gibson. On September nineteenth he in conjunction with 
Brigadier General Richard M. Ganoe captured at Cabin Creek a military train 
of three hundred wagons, loaded with commissary supplies valued at over 
one million dollars, enroute from Ft. Scott, Kansas to Fort Gibson. 

General Watie surrendered, by tlie following articles: 


"Treaty stipulations made and entered into this 2 kd day of June 1865 
near Doaksville Choctaw Nation between Sent. Colonel A. C. Mathews and 
W. H. Vance U. S. Vol. commissioners appointed by Major General Herron 
U. S. A. on part of the military authorities of the United States and Brig. 
General Stand Watie Governor and Principal Chief of that part of the 
Cherokee Nation lately allied with Confederate States in acts of hostilities 
against the Government of the United States as follows towit: 

"ARTICLE 1. All acts of hostilities on the part of both armies having 
ceased by virtue of a convention entered into on the 26th day of May 1865 
between Major General E. R. S. Cantry U. S. A. comdg. Mil. Division West 
Miss, and General E. Kirby Smith C. S. A. Comdg. Trans. Miss Department 
The Indians of the Cherokee Nation here represented lately allied with the 
Confederate States in acts of hostilities against the Government of the United 

"Do agree at once to return to their respective homes and there remam 
at peace wUh United States, and offer no indignities whatever against the 
whites or Indians of the various tribes who have been friendly to or engaged 
in the service of the United States during the war. 

"ARTICLE II. It is stipulated by the undersigned commissioners on 


tv,rt of the United States, that so long as the Indians aforesaid observe the 
provisions of article first of this agreement, they shall be protected by the 
United States authorities in their person and property, not only from en- 
croachment on the part of the whites, but also from the Indians who have 
been engaged in the service of the United States. 

"ARTICLE III. The above articles of agreement to remain and be in 
force and etTect until the meeting of the Grand Council to meet at Armstrong 
Academy, Choctaw Nation on the 1st day of September A. D. 1865 and 
until such time as the preceedings of said Grand Council shall be ratified by 
the proper authorities both of the Cherokee Nation and the United States. 

"In testimony whereof the said Lieut. Col. A. C. Mathews and adjutant 
W. H. Vance commissioners on part of the United States and Brig. General 
Stand Watie Governor and Principal Chief of the Cherokee Nation have 
hereunto set their hands and seals. 

Sioncd. A. C. Mathews, Sent. Col. 

W. H. Vance. Adjr. 

Stand Watie Brig. Genl. Governor and Principal Chief Cherokee Nation. 

The old agency site of the Arkansas Cherokees was sold by the federal 
Cherokee delegates: 

Transfer of 3400 acres of land, more or less. Situated in Township 7 
Range 21, State of Arkansas. Said land being the former agency and resi- 
due of the tract disposed of by Cherokees by treaty of 1828. 

Know all men by these presents, that- whereas the Cherokee Nation 
owns a tract of land in the state of Arkansas, known as the Cherokee reser- 
vation lying in township No. 7, range 2 1, west of the fifth principal meridian, 
and containing three thousand four hundred (3400) acres more or less- and 
all which is occupied or claimed by squatters and others claiming title adverse 
to the said Nation, under color of various titles. And whereas it is pro- 
vided by the 4th article of the treaty between the United States and the 
Cherokee Nation, of May 6th 183 8. said tract shall be sold under the direc- 
tion of the agent of the Cherokee Nation. And whereas the Cherokee Nation 
by its delegation hereto duly authorized have sold said lands to John Brown 
Wright, of the city of Washington, and have received in payment therefor 
the sum of five thousand dollars which they agree shall be applied by the 
Nation to the use named in said treaty and amendments thereto. Said sale 
having been made by direction and with the approval of Justin Harlin the 
agent appointed by the United States for the Cherokee Nation. Now there- 
fore the said Cherokee Nation by its delegation hereto fully authorized to do 
hereby request the Secretary of the Interior to cause a patent to be issued 
for the said John Brown Wright for the said land and do release the United 
States from all liability for said land or its proceed. 

Witness our hands this- loth day of May A. D. 1866. 

Daniel H. Ross, White Catcher, I. H. Benge, James McDaniel, Smith 
Christie, J. B. Jones. 



City of Washington, District of Columbia. 1, Justin Harlin agent of 
the United States for the Cherokee Nation do hereby approve of and consent 
to the above sale, which was made by my direction this tenth day of May, 

J. H.\RLIN, U. S. Indian Agent. 

C. .1. HARRIS 
Chief— December 23, 1S<)], to Xovcmber, 189.5 


Cluef— Noveinbor, 1S95, to Novemlier, 18f>9 



Treaty With The Cherokee 1866. Delawares Acijuire Full Rights. Shaivnees 

Adopted b'l Cherokees. Land Sold to Osages. Ojficers Salaries 

Fixed. Land Donation to Masons. Lodges. 

The United States and Cherokees Cdncluded the followinsi- treaty: 

July 19, 1866. 14 Stats., 799. Ratified July 27, 1866. Pfoclaimed 
Aug 11, 1866. Articles of agreement and convention at the city of Washing- 
ton on tlie nineteenth day of July, in the year of our Lord one thousand eight 
hundred and sixty-six, between the United States, represented by Dennis N. 
Cooley, Commissioner of Indian Affairs, [and] Elijah Sells, superintendent of 
Indian affairs for the southern superintendency, and the Cherokee Nation of 
Indians, represented by its delegates, James McDaniel, Smith Christie, White 
Catcher, S. H. Benge, J. B. Jones, and Daniel H. Ross — John Ross, principal 
chief of the Cherokees, being too unwell to join these negotiations. 

Preamble. [Whereas existing treaties between the United States and the 
Cherokee Nation are deemed to be insuft'icient, the said contracting parties 
agree as follows, viz: 

Pretended Treaty Declared Void. Article 1. The pretended treaty made 
with the so-called Confederate States by the Cherokee Nation on the seventh 
day of October, eighteen hundred and sixty-one, and repudiated by the nation- 
al council of the Cherokee Nation on the eighteenth day of February, eighteen 
hundred and sixty-three declared to be void.] 

Amnesty. Article 2. Amnesty is hereby declared by the United States 
and the Cherokee Nation for all crimes and misdemeanors committed by one 
Cherokee on the person or property of another Cherokee, or of a citizen of 
the United States, prior to the fourth day of July, eighteen hundred and sixty- 
six; and no right of action arising out of wrongs committed in aid or in sup- 
pression of the rebellion shall be prosecuted or maintained in the courts of 
the United States or in the courts of the Cherokee Nation. 

But the Cherokee Nation stipulate and agree to deliver up to the United 
States, or their duly authorized agent, any or all public property, particularly 
ordnance, ordnance stores, arms of all kinds, and quartermaster's stores, in 
their possession or control, which belonged to the United States or the so- 
called Confederate States, without any reservation. 

Confiscation Laws Repealed and Former Owners Restored to Their 
Rights. Article 3. [The confiscation laws of the Cherokee Nation shall be 
repealed, and the same, and all sales of farms, and improvements on real es- 
tate, made or pretended to be made in pursuance thereof, are hereby agreed 
and declared to be null and void, and the former owners of such property so 
sold, their heirs or assigns, shall have the right peaceably to re-occupy their 
homes, and the purchaser under the confiscation laws, or his heirs or assigns, 
shall be repaid by the treasurer of ' the Cherokee Nation from the national 
funds, the money paid for said property and the cost of permanent improve- 


ments on such real estate, made thereon since the contlscation sale;]*** 
the cost of such improvements to be fixed by a commission, to be composed 
of one person designated by the Secretary of the Interior and one by the prin- 
cipal chief of the nation, which two may appoint a third in cases of disagree- 
ment, which cost so fixed shall be refunded to the national treasurer by the 
returning Cherokees within three years from the ratification hereof. 

Cherokees, Freed Persons, and Free Negroes May Elect to Reside Where. 
Article 4. All the Cherokees and freed persons who were formerly slaves to 
any Cherokee, and all free negroes not having been slaves, who resided 
in the Cherokee Nation prior to June first, eighteen hundred and sixty-one. 
who may within two years elect not to reside northeast of the Arkansas River 
and southeast of Grand River, shall have the right to settle in and occupy the 
Canadian district southwest of the Arkansas River, and also all that tract of 
country lying northwest of Grand River, and bounded on the southeast by 
Grand River and west by the Creek reservation to the northeast corner there- 
of; from thence west on the north line of the Creek reservation to the ninety- 
sixth degree of west longitude; and thence north on said line of longitude so 
far that a line due east to Grand River will include a quantity of land equal 
to one hundred and sixty acres for each person who may so elect to reside 
in the territory above-described in this article: Provided That that part of said 
district north of the Arkansas River shall not be set apart until it shall be 
found that the Canadian district is not sufl'iciently large to allow one hundred 
and sixty acres to each person desiring to obtain settlement under the pro- 
visions of this article. 

Those so Electing to Reside There May Elect Local Officers, Judges etc. 
Proviso. Article 5. The inhabitants electing to reside in the district describ- 
ed in the preceding article shall have the right to elect all their local officers 
and judges, and the number of delegates to which by their numbers they may 
be entitled in any general council to be established in the Indian Territory 
under the provisions of this treaty, as stated in Article XII, and to control all 
their local afl'airs, and to establish all necessary police regulations and rules 
for the administration of justice in said district, not inconsistent with the con- 
stiution of the Cherokee Nation or the laws of the United States; Provided, 
The Cherokees residing in said district shall enjoy all the rights and privileges 
of other Cherokees who may elect to settle in said district as hereinbefore pro- 
vided, and shall hold the same rights and privileges and be subject to the same 
liabilities as those who elect to settle in said district under the provisions of 
this treaty; Provided also, That if any such police regulations or rules be adopt- 
ed which, in the opinion of the President, bear oppressively on any citizen of 
the nation, he may suspend the same. And all rules or regulations in said 
district, or in any other district of the nation, discriminating against the citi- 
zens of other districts, are prohibited, and shall be void. 

Representation in National Council. Unequal Laws. Article 6. The 
inhabitants ot the said district hereinbefore described shall be entitled to rep- 
resentation according to number in the national council, and all laws of the 
Cherokee Natmn shall be uniform throughout said nation. And should any 


such law, either in its provisions or the manner of its enforcement, in the opin- 
ion of the President of the United States, operate unjustly or injuriously in 
said district, he is hereby authorized and empowered to correct such evil, and 
to adopt the means necessary to secure the impartial administration of jus- 
tice, as well as a fair and equitable application and expenditure of the national 
funds as between the people of this and of every other district in said nation. 

Courts. Process. Proviso. Article 7. The United States court to he 
created in the Indian Territory; and until such court is created therein, the 
United States district court, the nearest to the Cherokee Nation, shall have 
exclusive original jurisdiction of all causes, civil and criminal, wherein an in- 
habitant of the district hereinbefore described shall be a party, and where an 
inhabitant outside of said district, in the Cherokee Nation, shall be the other 
party, as plaintiti' or defendant in a civil cause, or shall be defendant or pro*--- 
ecutor in a criminal case, and all process isued in said district by any officer 
of the Cherokee Nation, to be executed on an inhabitant residing outside of 
said district, to be executed on any inhabitant residing in said district, shall be 
to all intents and purposes null and void, unless indorsed by the districr 
judge for the district where such process is to be served, and said person, so 
arrested, shall he held in custody by the officer so arresting him, until he shall 
be delivered over to the United Stales marshal, or consent to be tried by the 
Cherokee court: Provided, That any or all the provisions of this treaty, which 
make any distinction in rights and remedies between the citizens of any district 
and the citizens of the rest of the nation, shall be abrogated whenever the 
President shall have ascertained, by an eleetinn duly ordered by him, that a 
majority of the voters of such district desire them to be abrogated, and he 
shall have declared such abrogation: And provided further, That no law or 
regulation, to be hereafter enacted within said Cherokee Nation or any district 
thereof, prescribing a penalty for its violation, shall take eti'ect or be enforced 
until after ninety days from the date of its promulgation, either by publication 
in one or more newspapers of general circulation in said Cherokee Nation, or 
by posting up copies thereof in the Cherokee and English languages in each 
district where the same is to take effect, at the usual place of holding district 

Licenses to trade not to be granted unless, etc. Article 8. No license lo 
trade in goods, wares, or merchandise shall be granted by the United States 
to trade in the Cherokee Nation, unless approved by the Cherokee national 
council, except in the Canadian district, and such other district north of Ar- 
kansas River occupied by the so-called southern Cherokees, as provided in 
Article 4 of this treaty. 

Slavery, etc., not to exist. Freedmen. No pay for emancipated slaves. 
Article 9. The Cherokee Nation having, voluntarily, in February, eighteen 
hundred and sixty-three, by an act of the national council, forever abolished 
slavery, hereby covenant and agree that never hereafter shall either slavery 
or involuntary servitude exist in their- nation otherwise than in the punishment 
of crime, whereof the party shall have been duly convicted, in accordance with 


laws applicable to all the members of said tribe alike. They further agree 
that all freedmen who have been liberated by voluntary act of their former 
owners or by law, as well as all free colored persons who were in the country 
at the commencement of the rebellion, and are now residents therein, or 
who may return within six months, and their descendants, shall have all the 
rights of native Cherokees: Provided, That owners of slaves so emancipated 
in the Cherokee Nation shall never receive any compensation or pay for the 
slaves so emancipated. 

Farm products may be sold, etc. Article 10. Every Cherokee and 
freed person resident in the Cherokee Nation shall have the right to sell any 
products of his farm, including his or her live stock, or any merchandise or 
manufactured products, and to ship and drive the same to market without 
restraint, paying any tax thereon which is now or may be levied by the 
United States on the quantity sold outside of the Indian Territory. 

Right of way of railroads. Article 11. The Cherokee Nation hereby 
grant a right of way not exceeding two hundred feet wide, except at stations, 
switches, waterstations, or crossing of rivers, where more may be indispensable 
to the full enjoyment of the franchise herein granted, and then only two 
hundred additional feet shall be taken, and only for such length as may be 
absolutely necessary, through all their lands, to any company or corporatio;; 
which shall he duly authorized by Congress to construct a railroad from any 
point north to any point south, and from any point east to any point west of. 
and which may through, the Cherokee Nation. Said company or co^■ 
poration, and their employes and laborers, while constructing and repairing 
the same, and in operating said road or roads, including all necessary agents 
on the line, at stations, switches, water tanks, and all others necessary to the 
successful operation of a railroad, shall be protected in the discharge of thei- 
duties, and at all times subject to the Indian intercourse laws, now or which 
may hereafter be enacted and be in force in the Cherokee Nation. 

General Council. Article 12. The Cherokees agree that a general 
council, consisting of delegates elected by each nation or tribe lawfully re- 
siding within the Indian Territory, may be annually convened in said Terri- 
tory, which council shall be organized in such manner and possess such powers 
as hereinafter prescribed. 

Census. First. After the ratilication of this treaty, and as soon as 
may be deemed practicable by the Secretary of the Interior, and prior to the 
first session of said council, a census or enumeration of each tribe lawfully 
resident in said Territory shall be taken under the direction of the Commis- 
sioner of Indian Affairs, who for that purpose is hereby authorized to designate 
and appoint competent persons, whose compensation shall be fixed by the 
Secretary of the Interior, and paid by the United States. 

First general council; how composed. Time and place of first meeting. 
Session not to exceed thirty days. Special sessions. Second. The lirst 
general council shall consist of one member from each tribe and an addi- 
tional member for each one thousand Indians, or each fraction of a thousand 
g.caie, Luan nve nunared, Demg members of any tribe lawfully resident in said 


Territory, ;ind shall be selected by said tribes respectively, who may assent 
to the establishment of said general council; and if none should be thus 
formally selected by any nation or tribe so assenting-, the said nation or tribe 
shall be represented in said general council by the chief or chiefs and headmen 
of said tribes, to be taken in the order of their rank as recognized in tribal 
usage, in the same number and proportion as above indicated. After the 
said census shall have been taken and completed, the superintendent of Indian 
affairs shall publish and declare to each tribe assenting to the establishment of 
such council the number of members of such coucnil to which they shall be 
entitled to represent said tribes shall meet at such times and place as he shall 
approve; but thereafter the time and place of the sessions of said council shall 
be determined by its action: Provided, That no session in any one year shall 
exceed the term of thirty days: And provided, That special sessions of said 
council may be called by the Secretary of the Interior whenever in his judji- 
ment the interest of said tribes shall require such special session. 

Powers of general council. Laws, when to take effect. Third. Said 
general council shall have power to legislate upon matters pertaining to 
the, intercourse and relations of the Indian tribes and nations and colonies 
of freedmen resident in said Territory; the arrest and extradition of criminals 
and offenders escaping from one tribe to another, or into any community 
of freedmen; the administration of justice between members of ditferent 
tribes of said Territory and persons other than Indians and members of said 
tribes or nations; and the common defence and safety of the nations of said 

Laws, when to take effect. Legislative power may be enlarged. All 
laws enacted by such council shall take effect at such time as may therein 
be provided, unless suspended by direction of the President of the United 
States. No law shall be enacted inconsistent witfi the Constitution of the 
United States, or laws of Congress, or existing treaty stipulations with the 
those above indicated: Provided, however. That the legislative power of 
such general council may be enlarged by the consent of the national council 
of each nation or tribe assenting to its establishment, with the approval of 
the President of the United States. 

President of council. Fourth. Said council shall be presided over 
by such person as may be designated by the Secretary of the Interior. 

Secretary of council. Pay. Fifth. The council shall elect a secretary, 
whose duty it shall be to keep an accurate record of all the proceedings of 
said council, and who shall transmit a true copy of all such proceeding.s, 
duly certified by the presiding officer of such council, to the Secretary of 
the Interior, and to each tribe or nation represented in said council, im- 
mediately after the sessions of said council shall terminate. He shall be 
paid out of the Treasury of the United States an annual salary of five 
hundred dollars. 

Pay of members of council. Sixth. The members of said council 
shall be paid by the United States the sum of four dollars per diem during 
the term actually in attendance on the sessions of said council, and at thi 


rate of four dollars for every twenty miles necessarily traveled by them in 
going- from and returning to their homes, respectively, from said council, 
to be certified by the secretary and president of the said council. 

Courts. Article 13. The Cherokees also agree that a court or 
courts may be established by the United States in said Territory, with such 
jurisdiction and organized in such manner as may be prescribed by law: 
Provided, That the judicial tribunals of the nation shall be allowed to retain 
exclusive jurisdiction in all civil and criminal cases arising within their country 
in which members of the nation, by nativity or adopton, shall be the only 
parties, or where the cause of action shall arise in the Cherokee Nation, 
except as otherwise provided in this treaty. 

Lands for missionary or educational purposes. Not to be sold except 
for. Proceeds of sale. Article 14. The right to the use and occupancy of a 
quantity of land not exceeding one hundred and sixty acres, to be selected 
according to legal subdivisions in one body, and to include their improve- 
ments, and not including the improvements of any member of the Cherokee 
'Nation, is herel\v granted to every society or denomination which has erected, 
or which w'lih the consent of the national council may hereafter erect, 
buildings within the Cherokee country for missionary or educational pur- 
poses. But no land thus granted, nor buildings which have been or may 
be erected with the consent and approval of the Cherokee national council 
and the Secretary of the Interior. And whenever any such lands or buildings 
shall be sold or disposed of, the proceeds thereof shall be applied by said 
society or societies for like purposes within said nation, subject to the ap- 
proval of the Secretary of the Interior. 

The United States may settle civilized Indians in the Cherokee country. 
How may be made part of Cherokee Nation. Those wishing to preserve 
tribal organization to have land set off to them. Article 15. The United 
States may settle any civilized Indians, friendly with the Cherokees and ad- 
jacent tribes, within the Cherokee country, on unoccupied lands east of 96". 
on such terms as may be agreed upon by any such tribe and the Cherokees, 
subject to the approval of the President of the United States, which shall be 
consistent with the following provisions, viz: Should any such tribe or band 
of_ Indians settling in said country abandon their tribal organization, there 
being first paid into the Cherokee national fund a sum of money which 
shall sustain the same proposition to the then existing- national fund "that the 
number of Indians sustain to the whole number of Cherokees then residin- 
m the Cherokee country, they shall be incorporated into and ever after remain 
apart of the Cherokee Nation, on equal terms in every respect with native 
citizens. And should any such tribe, thus settling in 'said country, decide 
customs, and usages, not inconsistent with the constitution and laws of the 
Cherokee Nation, they shall have a district of country set off for their use 
by metes and bounds equal to one hundred and sixty acres, if they should so 
1 ' •' ;°' ''"^ '"'"' ^"^"i''^"' ^"d child of said tribe, and shall pay for the 
rt nl! *':V"'*'""^' f^'"d such price as may be agreed on by them and the 
Che.okee Nation, subject to the approval of the President of the United 


Stntjs, and in cases of disag'reement \hc price to be fixed by the President. 
To pay sum into national fund. Limits of places of settlement. And 

tlie said tribe thus settled shall also pay into the national fund a sum of 
money, to be agreed on by the respective parties, not greater in proportion 
to the whole existing national fund and the probable proceeds of the lands 
herein ceded or authorized to be ceded or sold than their numbers bear to 
the whole number of Cherokees then residing in said country, and thence 
afterwards they shall enjoy all the rights of native Cherokees. Rut no 
Indians who have no tribal organizations, or who shall determine to abandon 
their tribal organizations, shall be permitted to settle east of the 96" of 
longitude without the consent of the Cherokee national council, or of a 
delegation duly appointed by it, being first obtained. And no Indians who 
have and determine to preserve the tribal organizations shall be permitted to 
settle, as herein provided, east of the 96" of longitude without such consent 
being first obtained, unless the President of the United States, after a full 
hearing of the objections offered by said council or delegation to such settle- 
ment, shall determine that the objections are insutficient, in which case he 
mav authorize the settlement of such tribe east of the "^16" of longitude. 

Where the United States may settle friendly Indians. Lands. Article 
16. The United States may settle friendly Indinans in any part of the 
Cherokee country west of 96", to be taken in a compact form in quantity 
not exceeding one hundred and sixty acres for each member of each of said 
tribes thus to be settled ; the boundaries of each of said districts to be distinctly 
marked, and the land conveyed in fee-simple to each of said tribes to be 
held in common or by their members in severalty as the United States may 

Said lands thus disposed of to be paid for to the Cherokee Nation at 
such price as may be agreed on between the said parties in interest, subject 
to the approval of the President; and if they should not agree, then the 
price to be fixed by the President. 

Possession and jurisdiction over such lands. Ihe Cherokee Nation to 
retain the right of possession of and jurisdiction over all of said country west 
of 96" of longitude until thus sold and occupied, after which their jurisdiction 
and right of possession to terminate forever as to each of said districts thus 
sold and occupied. 

Cession of lards to the United States in trust. Article 17. The Chero- 
kee Nation hereby cedes, in trust to the United States, the tract of land in 
the State of Kansas which was sold to the Cherokees by the United States. 
under the provisions of the second article of the treaty of 18.55; and also 
that strip of the land ceded to the nation by the fourth article of said treaty 
which is included in the State of Kansas, and the Cherokees consent that said 
lands may be included in the limits and jurisdiction of the said State. 

Lands to be surveyed and appraised. The lands herein ceded shall be 
surveyed as the public lands of the United States are surveyed, under the 
direction of the Commissioner of the General Land-Office, and shall be ap- 
praised by two disinterested persons, one to be designated by the Cherokee 


national council and one by the Secretary of the Interior, and, in case or" 
disagreement, by a third be mutually selected by the aforesaid ap- 
praisers. The appraisement to be not less than an average of one dollar and 
a quarter per acre, exclusive of improvements. 

May be sold to highest bidder. Improvements. Proviso. And the 
Secretary of the Interior shall, from time to time, as such surveys and ap- 
praisements are approved by him, after due advertisements for sealed bids, 
sell such lands to the highest bidders for cash, in parcels not exceeding one 
hundred and sixty acres, and at not less than the appraised value: Provided, 
Tnat whenever there are improvements of the value of fifty dollars made on 
the lands not being mineral, and owned and personally occupied by any per- 
son for agricultural purposes at the date of the signing hereof, such person so 
owning, and in person residing on such improvements, shall, after due proof, 
made under such regulations as the Secretary of the Interior may prescribe, 
be entitled to buy, at the appraised value, the smallest quantity of land in 
legal subdivisions which will include his improvements, not exceeding in the 
aggregate one hundred and sixty acres; the expenses of survey and appraise- 
ment to be paid by the Secretary out of the proceeds of sale of said land : 
Provided, That nothing in this article shall prevent the Secretary of the 
Interior from selling the whole of said lands not occupied by actual settlers 
at the date of the ratification of this treaty, not exceeding one hundred and 
sixty acres to each person entitled to pre-emption under the pre-emption 
laws of the United States, in a body, to any responsible party, for cash, for 
a sum not less than one dollar per acre. 

Sales by Cherokee of lands in Arkansas. Article 18. That any lands 
owned by the Cherokees in the State of Arkansas and in States east of the 
Mississippi may be sold by the Cherokee Nation in such manner as their 
national council may prescribe, all such sales being first approved by the 
Secretary of the Interior. 

Heads of families. Article 19. All Cherokees being heads of families 
residing at the date of the ratification of this treaty on any of the lands 
herein ceded, or authorized to he sold, and desiring to remove to the reserved 
country, shall be paid by the purchasers of said lands the value of such im- 
provements, to be ascertained and appraised by the commissioners who ap- 
praise the lands, subject to the approval of the Secretary of the Interior; and 
if he shall elect to remain on the land now occupied by him, shall be entitled 
to receive a patent from the United States in fee-simple for three hundred 
and twenty acres of land to include his improvements, and thereupon he and 
his family shall cease to be members of the nation. 

And the Secretary of the Interior shall also be authorized to pay the 
reasonable costs and expenses of the delegates of the southern Cherokees. 

The moneys to be paid under this article shall be paid out of the proceeds 
of the sales of the national lands in Kansas. 

Unds reserved to be surveyed and allotted. Article 20. Whenever 
the Cherokee national council shall request it, the Secretary of the Interior 
shall cause the country reserved for the Cherokees to be surveyed and allotted 


aninni; them, at the expense of the United States. 

Boundary line to be run and marked. Article 21. It being ditlicult to 
learn the precise boundary line between the Cherokee countr}' and the States 
of Arkansas, Missouri, and Kansas, it is agreed that the United States shall, at 
its own expense, cause the same to be run as far west as the Arkansas, and 
marked by permanent and conspicuous monuments, by two commissioners, one 
of whom shall be designated by the Cherokee national council. 

Agent of Cherokees to examine accounts, books, etc. Article 22. The 
Cherokee national council, or any duly appointed delegation thereof, shall 
have the privilege to appoint an agent to examine the accounts of the nation 
with the Government of the United States at such time as they may see 
proper, and to continue or discharge such agent, and to appoint another, 
as may be thought best by such council or delegation; and such agent shall 
have free access to all accounts and books in the executive departments re- 
lating to the business of said Cherokee Nation, and an opportunity to examine 
the same in the presence of the ofiicer haying such books in charge. 

Funds, how to be invested. Interest, how to be paid. Article 23. All 
funds now due the nation, or that may hereafter accrue from the sale ot 
their lands by the United States, as hereinbefore provided for, shall be in- 
vested in the United States registered stocks at their current value, and the 
interest on all said funds shall be paid semi-annually on the order of the 
Cherokee Nation, and shall be applied to the following purposes, to wit: 
Thirty-five per cent, shall be applied for the support of the common-schools 
of the nation and educational purposes; fifteen per cent, for the orphan fund, 
and fifty per cent, for general purposes, including reasonable salaries of dis- 
trict otiicers; and the Secretary of the Interior, with the approval of the 
President of the United States, may pay out of the funds due the nation, on 
the order of the national council or a delegation duly authorized by it, such 
amount as he may deem necessary to meet outstanding obligations of the 
Cherokee Nation, caused by the suspension of the payment of their annuities, 
not to exceed the sum of one hundred and fifty thousand dollars. 

Payment to Rev. Evan Jones. Article 24. As a slight testimony for 
the useful and arduous services of the Rev. Evan Jones, for forty years a 
missionary in the Cherokee Nation, now a cripple, old and poor, It is agreed 
that the sum of three thousand dollars be paid to him, under the direction of 
the Secretary of the Interior, out of any Cherokee fund in or to come into 
his hands not otherwise appropriated. 

Bounties and Arrears for Services as Indian Volunteers; How to be Paid. 
Artice 25. A large number of the Cherokees who served in the Army of the 
United States having died, leaving no heirs entitled to receive bounties and 
arrears of pay on account of such service, it is agreed that all bounties and 
arrears for service in the regiments of Indian United States volunteers which 
shall remain unclaimed by any person legally entitled to receive the same for 
two years from the ratification of this treaty, shall be paid as the national 
council may direct, to be applied to the foundation and support of an asylum 
for the education of orphan children, which asylum shall be under the con- 


trol of the national council, or of such lienevolent society as said council may 
desi.^nate, subject to the approval of the Secretary of the Interior. 

Possession and Protection Guaranteed. Article 26. The United States 
guarantee to the people of the Cherokee Nation the quiet and peaceable pos- 
session of their country and protection against domestic feuds and insurrec- 
tions, and against hostile tribes. They shall also be protected against inter- 
ruptions or intrusion from all unauthorized citizens of the United States 
of hostilities among the Indian tribes, the United States agree that the party 
or parties commencing the same shall, so far as practicable, make reparation 
for the damages done. 

Military Posts in Cherokee Nation. Spirituous, etc., Liquors Forbidden 
Elxcept, etc. Certain Persons Prohibited from Coming into the Nation. Ar- 
ticle 27. The United States shall have the right to establish one or more mil- 
itary posts or stations in the Cherokee Nation, as may be deemed necessary 
for the proper protection of the citizens of the United States lawfully residing 
therein and the Cherokee and other citizens of the Indian country. But no 
sutler or other person connected therewith, either in or out of the militar}- 
organization, shall be permitted to introduce any spirit|'u]ous, vinous, or 
malt liquors into the Cherokee Nation, except the medical department proper, 
and by them only for strictly medical purposes. And all persons not in the 
military service of the United States, not citizens of the Cherokee Nation, are 
to be prohibited from coming into the Cherokee Nation, or remaining in the 
same, except as herein otherwise provided; and it is the duty of the United 
States Indian agent for the Cherokees to have such persons, not lawfully re- 
siding or sojourning therein, removed from the nation, as they now are, or 
hereafter may be, required by the Indian intercourse laws of the United States. 

Payment for Certain Provisions and Clothing. Article 28. The United 
States hereby agree to pay for provisions and clothing furnished the armv un- 
der Appotholehala in the \\-inter of 1861, and 1862, not to exceed the sum 
of ten thousand dollars, the accounts to be ascertained and settled by the 
Secretary of the Interior. 

Expenses of Cherokee Delegation. Article 29. The sum of ten thous 
and dollars or so much thereof as may be necessary to pay the expenses of the 
delegates and representatives of the Cherokees invited by the Government to 
visit Washinglon for the purpose of making this treaty, shall be paid by the 
United States on the ratification of this treaty. 

Payment for Certain Losses by Missionaries, etc. Article 30. The Unit- 
ed States agree to pay to the proper claimants all losses of property bv mis- 
sionaries or missionary societies, resulting from their being ordered or driven 
from the country by United States agents, and from their property bein?' tak- 
en and occupied or destroyed by United States troops, not exceeding in 
the aggregate twenty thousand dollars, to be ascertained bv the Secretary of 
the Interior. 

Inconsistent Treaty Provisions Annulled. Article 31. All provisions of 
treaties heretofore ratified and in force, and not inconsistent with the pro- 
visions of this treaty, are hereby re-affirmed and declared to be in full force- 


and nothing herein shall Iv construed as an acknowledgment by the United 
States, or as a relinquishment by the CheroI;ee Nation of any claims or de- 
mands under the guarantees of former treaties, except as herein expressly pro- 

Execution. In testimony whereof, the said commissioners on the part 
of the United States, and the said delegation on the part of the Cherokee 
Nation, this ninth [nineteenth] day of July. A. D. one thousand eight hun- 
dred and sixty-six. 

D. N. Cooley, Commissioner of Indian Affairs. 
Elijah Sells, Superintendent of Indian .^Ifairs. 
Smith Christie, 

\Miite Catcher, James McDaniel, S. H. Benge, Danl. H. Ross, J. B. Jones, 
Delegates of the Cherokee Nation, appointed by Resolution of the 
National Council. 

In presence of — W. H. Watson, J. \V. Wright. 

Signatures witnessed by the following-named persons, the following in- 
terlineations being made before signing: On page 1st the word "the" interlin- 
ed, on page 1 1 the word "the" struck out, and to said page 1 1 sheet attached 
requiring publication of laws; and on page 34th the word "ceded" struck out 
and the words "neutral lands" inserted. Page 47'-' added relating to ex- 
penses of treaty. 

Thomas Ewing, jr. 
W m. A. Phillips, 
J. W. Weight. 

"No one can fully appreciate the wealth, content and comparative hap- 
piness the Cherokees enjoyed before the late rebellion, or very shortly after 
it was begun, unless he had been here and seen it (which was my case) and 
no man can believe more than half of the want, misery and destitution of 
the Cherokee people now. Blackened chimneys of fine houses are now all 
that is left, fences burned, and farms laid waste. The air of ruin and deso- 
lation envelops the whole country. None have wholly escaped. No man 
can pass through the country without seeing all that I have attempted to 
describe, r.nd no man can fully appreciate it unless he has seen it."' 

The policy of the Cherokee Nation from its inception until June 3(1. 
1898 was that of strict nonalienation of any land to whites because they 
realized that if any of their land was so disposed of that it would be an en- 
tering wedge to the dissolution of their government. After the practical 
demolition of their jurisdictional rights by act of congress- they voted to 
allot their land and discontinue tribal functions. 

The Cherokees that had espoused the fortunes of the federal govern- 
ment in 1862, had full control of the government until November 1867 when 
the southern Cherokees reassumed their place in the body politic as a result 
ot the Downing coalition success at the polls at the August election. 

The Delaware Indians who had been living m Kansas, acquired full 
rights in the Cherokee Nation, by: 



Made this 8th day of April, A. D. 1867, between the Cherokee Nation, 
represented hv William P. Ross, Principal Chief, Riley Keys and Jesse Bushy- 
head delegates, duly authorized parties of the hrst part, and the Delaware 
tribe' of Indians, represented by John Connor. Principal Chief, Charles 
Journeycake, Assistant Chief, Isaac Journeycake and John Sarcoxie, delegates, 
for and on behalf of said Delaware tribe, duly authorized, witnesseth: - 

Whereas by the l5th article of a certain treaty between the United 
States pnd the Cherokee Nation, ratified August 1 1, 1866, certain terms were 
provided, under which friendly Indians might be settled upon unoccupied 
lands in the Cherokee country, east of the line of 96" of west longitude, the 
price to be paid for such lands to be agreed on by the Indians to be thus 
located and the Cherokee Nation, subject to the approval of the President 
of the United States; and whereas, by a treaty between the United States and 
the Delaware tribe of Indians, ratified August 10th, 1866, the removal of the 
said Delawares to the Indian country, south of Kansas, was provided for, and 
in the 4th article whereof an agreement was made by the United States t(.» 
sell to the Delawares a tract of land, being part of a tract the cession nf 
which by the Cherokees to the United Staes was then contemplated; and 
whereas," no such cession of land was made by the Cherokees to the United 
States, but, in lieu therof, terms were provided as hereinbefore mentioned, 
under which friendly Indians might be settled upon their lands; and whereas, 
a full and free conference has been held between the representatives of the 
Cherokees and the Delawares, in view of the treaties herein referred to, 
looking to a location of the Delawares upon the Cherokee lands, and their 
consolidation with said Cherokee Nation: Now, therefore, it is agreed be- 
tween the parties hereto, subject to the approval of the President of the 
United States, as follows: 

The Cherokees, parties of the first part, for and in consideration of cer- 
tain payments, and the fulfillment of certain conditions hereinafter men- 
tioned, agree to sell to the Delawares, for their occupancy, a quantity of 
land east of the line of the 96" west longitude, in the aggregate equal to 
160 acres of land for each individual of the Delaware tribe who has been 
enrolled upon a certain register made February 18. 1867, by the Delaware 
agent, and on tile in the office of Indian affairs, being the list of the Dela- 
wares who elect to remove to the "Indian country," to which list may be 
added, only with the consent of the Delaware Council, the names of such 
other Delawares as may, within one month after the signing of this agree- 
ment, desire to be added thereto; and the selections of the lands to be pur- 
chased by the Delawares may be made by said Delaawres in any part of 
the Cherokee reservation east of said line of 96°, not already selected and 
in possession of other parties; and in case the Cherokee lands shall hereafter 
be allotted among the members of said Nation, it is agreed that the aggregate 
amount of land herein provided for the Delawares, to include their improve- 
ments according to the legal subdivisions, when surveys are made (that is to 
say, 160 acres for each individual,) shall be guaranteed to each Delaware 


incorponited by these articles into the Chenikee Nation; nor shall the con- 
tinued ownership and occupancy of said land by any Delaware so registered 
be interfered with in any manner whatever without his consent, but shall 
be subject to the same conditions and restrictions as are liy the laws of the 
Cherokee Nation imposed upon the native citizens thereof; provided, that 
nothing- herein shall confer the right to alienate, convey, or dispose of any 
such lands, except in accordance with the constitution and laws of said Chero- 
kee Nation. 

And the said Delawares, parties of the second part, agree that there 
shall be paid to the said Cherokees. from the Delaware funds, now held or 
hereafter received by the United States, a sum of money, equal to one dollar 
per acre, for the whole amount of 160 acres of land, for every individual 
Delaware who has already been registered upon the aforesaid list, made 
February 18. 1867, with the additions thereto, heretofore provided for. And 
the Secretary of the Interior is authorized and requested to sell any United 
States stocks belonging to the Delawares to procure funds necessary to pay 
for said lands; but, in case he shall not feel authorized, under existing treaties, 
to sell such bonds belonging to the Delawares, it is agreed that he may 
transfer such United States bonds to the Cherokee Nation, at their market 
value at the date of such transfer. And the said Delawares further agree, 
that there shall be paid, from their funds, now and hereafter to come into 
possession of the United States, a sum of money, which shall sustain the 
same proportion to the existing Cherokee National fund, that the number of 
Delawares registered as above mentioned, and removing to the Indian country, 
sustains to the whole number of Cherokees residing in the Cherokee Nation. 
And, for the purpose of ascertaining such relative numbers, the registers of the 
Delawares herein referred to, with such additions as may be made within one 
month from the signing of this agreement, shall be the basis of calculation 
as to the Delawares; and an accurate census of the Cherokees, residing in 
the Cherokee Nation, shall be taken, under the laws of that Nation, within 
four months, and properly certified copies thereof tiled in the ot!'ice of Indian 
Affairs, which shall be the basis of calculation as to the Cherokees. And. 
that there may be no doubt hereafter, as to the amount to be contributed to 
the Cherokee National fund by the Delawares, it is hereby agreed, by the 
parties hereto, that the whole of the invested funds of the Cherokees, after 
deducting all just claims thereon, is S678,ooo. And the Delawares further 
agree, that in calculating the total amount of said National fund, there shall 
be added to the said sum of $678,000, the sum of 51,000,000, being the 
estimated value of the Clierokee neutral lands in Kansas, thus making the 
whole Cherokee National fund $1,678,000, and this last mentioned sum shall 
be taken as the basis for calculating the amount which the Delawares are to 
pay into the common fund; provided, that, as the $678,000 of funds now on 
hand, belonging to the Cherokees, is chiefly composed of stocks of dirierent 
values, the Secretary of the Interior may transfer, from the Delawares to the 
Cherokees, a proper proportion of the stocks now owned by the Delawares, 
of like grade and value, which transfer shall be in part of the pro rata con- 


tribution herein provided for by the Delawares to the funds of the Cherokee 
Nation; but the balance of the pro rata contribution by the Delawares to 
said fund, shall be in cash or United States bonds, at their market value. All 
cash, and all proceeds of stocks, whenever the same may fall due or be sold, 
received by the Cherokees from the Delawares under this agreement, shall be 
invested and applied in accordance with the 2 3d article of the treaty with thj 
Cherokees. of August 11th 1866. 

On the fulfillment by the Delawares of the foregoing stipulations, all 
the members of the tribe, registered as above provided, shall become mem- 
bers of the Cherokee Nation, with the same rights and immunities, and the 
same participation (and no other) in the national funds, as Native Cherokees, 
save as hereinbefore provided. And the children hereafter born of such 
Delawares so incorporated into the Cherokee Nation, shall in all respects be 
regarded as native Cherokees. 

Wm. P. Ross, Principal Chief; Riley Keys; Cherokee Delegation. 

John Connor, his x mark. Principal Chief; Charles Journeycake; Isaac 
Journeycake; John Saxcoxie, his x mark; Delaware Delegation. 

Executed and delivered in our presence by the above named delegates 
of the Cherokee and Delaware Nations, at the city of Washington, in the 
District of Columbia, the day and year first above written. 

Ratified by the National Committee, June 15, 1867. 

John G. Pratt, Wm. A. Phillips, Edward S. Menagus, Smitli Christie, 
President National Committee. John Young, Speaker of Council. 

Two years later the Shawnees were adopted into the Cherokee Nation, 
by : 


Articles of Agreement, made and entered into at Washington, D. C, 
this seventh day of June, A. D. 1869, by and between H. D. Reese and 
William P. Adair, duly authorized delegates representing the Cherokee Na- 
tion of Indians, having been duly appointed by the National Council of said 
Cherokees, parties of the first part, and Graham Rogers and Charles Tucker, 
duly authorized delegates representing the Shawnee tribe of Indians, parties 
of the second part, witnesseth : 

Whereas, It is provided by the fifteenth article of the treaty between the 
United States and the Cherokee Indians, concluded July I9th, 1866, that the 
United States may settle any civilized Indians, friendly with the Cherokees 
and adjacent tribes, within the Cherokee country, . on unoccupied lands east 
of 96", on such terms as may be agreed upon by any such tribe and the 
Cherokees, subject to the approval of the President "of the United States, 
which shall be consistent with certain provisions specified in said article; and 

Whereas, The Shawnee tribe of Indians are civilized and friendly with 
the Cherokees and adjacent tribes, and desire to settle within the Cherokee 
country on unoccupied lands east of 9&\ 

It is therefore agreed, by the parties hereto, that such settlement may 
be made upon the following terms and conditions, viz: 


That the sum of live thousand dolhirs belonging to the Shawnee tribe of 
Indians, and arising under the provisions of treaties between the United States 
and said Shawnee Indians, as follows, viz: 

For permanent annuity for educational purposes- per fourth article treaty, 
3d August. 1795, and third article- loth of May, 1854, one thousand dollars; 

For interest, at five per centum, on forty thousand dollars for educa- 
tional purposes, per third article treaty, loth May, 1854, one thousand dol- 

For permanent annuit}. in specie, for educational purposes, per fourth 
article treaty. 29th September, 1817. and third article, loth May. 1854, two 
thousand dollars; shall be paid annually to the Cherokee Nation of said In- 
dians, and that the annuities and interest, as recited, and the investments 
upon which the same are based, shall hereafter become and remain the an- 
nuities and interest and investment or investments of the Cherokee Nation of 
Indians, the same as they have been the annuities and interest and invest- 
ments of the Shawnee tribe of Indians. And that the sum of fifty thousand 
dollars shall be paid to the said Cherokees. as soon as the same shall be re- 
ceived by the United States, for the said Sliawnees, from the sale of the land 
in the State of Kansas, known as the Absentee Shawnee Lands, in accordance 
with the resolution of Congress, approved April 7th. 1869, entitled: "A 
resolution for the relief of settlers upon the Absentee Shawnee Lands in Kan- 
sas," and the provisions of the treaty between the United States and the 
Shawnee Indians, concluded May loth, 1854, and also that the said Shaw- 
nees shall abandon their tribal organization. 

And it is further agreed by the parties hereto that in consideration of 
the said payments and acts agreed upon, as hereinbefore stated, that the said 
Cherokees will receive the said Shawnees — referring to those now in Kansa.s 
and also to such as properly belong to said tribe who may be at present 
elsewhere, and including those known as the Absentee Shawnees, now residing 
in Indian Territory — into the country of the said Cherokees, upon unoccupied 
lands east of 96". and that the said Shawnees shall be incorporated into and 
ever after remain a part of the Cherokee Nation, on equal terms in every 
respect, and with all the privileges and immunities of native citizens of the 
said Cherokee Nation; provided, that all of said Shawnees who shall elect to 
avail themselves of the provisions of this agreement, shall register their names, 
and permanently locate in the Cherokee country, as herein provided, within 
two years from the date thereof, otherwise they shall forfeit all rights under 
this agreement. 

In testimony wehereof, the parties hereto have hereunto subscribed their 
names -and affixed their seals, on the day and year first above written. 


[SEAL.] VVM. ['. ADAIR, 

Delegates representing the Cherokee Nation of Indians. 





Delegates representing the Shawnee Tribe of Indians. 

\V. R. IRWIN, H. E. McKEE, 


On June 5- 1872 the Cherokees sold one million five hundred sixty six 
thousand three hundred eight acres of land lying west of the ninety sixth 
meridian to the Osages. This automatically formed the western boundary 
line of the Nation. 

The several cessions of land hy the Cherokees and amounts received for 
same, in whole numbers have been: 

172 1 















































1 8 1 6. 



1 8 1 6. 






18 19. 






18,3 5. 


















18 78. 















1900. Apr. 9, 













13 12640 



4 083 840 


1 000. 




annuity and 5000. 



annuity and 5000. 



annuity and 14000. 






2 197120 


05 1520 





In Pop 

e Co. Arkansas. 

12 34204 


- and Crawford Cos. 



To the Osages. 

1 00 1 4 I 

,, ,, 


2 300 14 

" " 



" " 

Nez Perces. 


,, >, 



„ „Q 



Cherokee Outlet. 



By the proclamation of King George III on October 7, 1763 a prohibi 

.^u r^hT'^f .;" ^f?"'' "^ ''"^ ^"'"^^ promulgated and the realm became the 
,suard,an of the Indians and by subsequent rulings the courts of the United 


States have emphasized the relationship of guardian and ward. From 1785 
to 1900 over ten million acres have been purchased by treaty from the 
Cherokees at a proportional rate of about sixty cents an acre and then dis- 
posed of it to the settler, for one dollar and twenty five cents per acre. 

Steady progress in civil, industrial and educational lines was a marked 
feature of the Cherokees and they came into the State of Oklahoma with a 
patriotic impulse and pride of state that is equal to that of any citizen. The 
following; citizens of the Cherokee Nation were elected members of the 
constitutional convention: James W. Swarts. James Riley Copeland. Clement 
\'ann Rogers, James Turner Edmondson, Albert Sidney Wyly, O. H. P. Brew- 
er, William N. Littlejohn, Charles O. Frye and Rev. Henry Cloud, the latter 
was a full blood Cherokee who defeated James Brooks Ayers Robertson by 
a vote of nine hundred fifty eight to eight hundred ninety three. Rev. Cloud 
was the only Cherokee in his constitutional district. The wife of Thomas J. 
Leahy of the t]fty sixth district was Osage-Cherokee origin. The following 
Cherokees and Cherokee citizens have represented Oklahoma in the halls 
of Congress: Senator Robert Latham Owen; Congressmen William Wirt 
Hastings, James Sanford Davenport, Thomas Albert Chandler and Charles 
D. Carter, of Chickasaw-Cherokee descent. Hundreds of other Cherokees 
have held other offices in the state and thereby evinced their fealty to the 

The salaries of the ofticers of the Cherokee Nation as fixed by acts of 
the council on: October 4. 18 30, November 2}, 1859, November 29, 1866. 
November 5. 1875 and in 1892 were, with slisiht variations, as follows: 


18 30. 

Principal Chief 


Assistant Chief 

3 00. 

Executive Councilers 


Supreme Judges 


Clerk Sprm. Court 


Circuit Judges 

2 00. 

District Judges 

1 10. 



Clerk Dt. Court 






Clerks of legislature 


Editor Advocate 




Spt. Education 



Solicitor General 

High Slieriff 


2. d 





S4 00. 






1 000. 


3. d 












12 5. 































.he Circuit judges for the northern and central districts received S500. 
per year and the judge for the southern district, which embraced only Cana- 
dian District received S200. 



Be it enacted by the National Council, That lots Nos. tive and six of 
square No. nineteen, in the town of Tahlequah, be and they are hereby do- 
nated to the Cherokee Lodge of Masons and the division of the Sons of Tem- 
perance, now in existence at this place, for the purpose of erecting- thereon a 
lodge building-, to be held and owned by them and their successors, through 
such a board of trustees as they may from time to time appoint: Provided, 
that the said building shall be erected within two years of the date of this 
act; otherwise the grant hereby made shall be null and void. 

Tahlequah, October 30, 1852. JOHN ROSS'. 

The above enactment referred to Cherokee Lodge No. 2 1 of Tahlequah 
of the Arkansas jurisdiction, the oldest Masonic lodge in the state of Okla- 
homa. The date of the charter is not known but the officers for the year 
of 1848 were Walter Scott Adair, W M; Nathan Baron Danenburg, S VV, 
Joseph Coody, J W.7 

The membership of Cherokee Lodge No. 2 1 in lS5o was: Nathan 
Danenburg, W M; Joseph Coody, S W; Walter Scott Adair, J W; Henry 
Dobson Reese, Secretary; members: David Carter, Charles R. Gourd, Levi 
Keys, William Potter Ross, John Griffith Harnage, John Walker Candy, 
Joseph Martin Lynch, Edwin Archer, Thomas Jefferson Parks, John Shepherd 
Vann, George M. Lavender. Johnson Foreman, James Daniel Rev. Thomas 
Bertholf, Rev. J. W. Williams and H. Tament The lodge was discontinued 
by the Grand Lodge of Arkansas on November 17, 1868, but they continued 
until September 5. 18 77 when they were chartered under the Grand Lodge of 
Indian Territory as Cherokee Lodge No. 10, with Henry Dobson Reese, W M; 
John Ross Vann, S W; John Lynch Adair J W and the following members: 
William Frederick Rasmus, John Wardell Stapler, William Eubanks, William 
'I". McCoy. Thomas F. Trainor, Johnson Thompson, Joseph Franklin Thomp- 
son, Dr. Walter Thompson Adair, Joel Bryan Mayes, Leonidas Dobson, 
James Latta, Jackson R. Gourd, T. K. B. McSpadden, Philip T. Johnson, Levi 
Keys, Dr. I. D. Leoser, E. Poe Harris, James Shelton, John Anthony Foreman, 
George Keys, David Wheeler and John Hildebrand Cookson. 

In 1882 John Wardell Stapler was W M; Robert Latham Owen SW; Evans 
Price Robertson, JW; John Lynch Adair S D; J. B. Gladney, J D; Roben 
Bruce Ross, Secretary and William Johnston, Treasurer. Members not given 
above: Bluford West Alberty, John Martin Riley, Richard Martin Benge and 
Walter N. Evans. 

Fort Gibson Lodge No. 35 was chartered by Arkansas on November 5, 
1850 with the following officers: W. M. Chapman, W M; M. Rudder, S W; 
C. DeLano, J. W. and P. Lukenbill, Secretary. The charter of this lodge was 
discontinued by the Arkansas Grand Lodge on November 6. 1867. H was 
chartered under the Indian Territory Grand Lodge on November 5, 1878 as 
Alpha Lodge No. 12. The officers in 1879 were: P. J. Byrne, W M; Henrv 
Clay Meigs, S W; William Thomas, J W; Florian Haradan Wash, S D; Dr. 
R. B. Howard, Treasurer and William S. Nash, Secretary. 

In 1882 Florian H. Nash was W M; Henrv C. Meips S W; Dr. R. B. 


Howard J W; Thomas French S D; George O. Sanders S S; William Jack- 
son J S; Connell Rogers. Secretary: William Potter Ross and O. H. P. Brewer 
were members. 

Flint Lodge No. 74 was chartered by the Grand Lodge of Arkansas on 
November 9, 1853. The officers for 1854 were: John Griffith Harnage 
W M; R. M. Johnson S W; John Thompson Adair. J W and William Penn 
Adair. Secretary. The lodge was discontinued by the Arkansas Grand Lodge 
on August 27, 1867, but this lodge as well as those at Tahlequah and Fort 
Gibson continued their organizations until they became a part of the Indian 
Territory Grand Lodge under which this lodge was chartered on March 28, 
18 76 as Flint Lodge No. II. 

The Grand Lodge of Indian Territory was organized at Caddo on Oc- 
toner tifth. t874 by Muscogee Lodge No. (-lo of Eufaula, which became No. 
1 of the new jurisdiction; Doaksville Lodge No. 2 70 of Doaksville, becomin^;;; 
No. 2 and Caddo Lodge No. 3 1 1 became No. 3. The old numbers were those 
of the Arkansas Grand Lodge. After the organization of the (}rand Lodge, 
and following the tirst convocation, Oklahoma Lodge No. 2 1 7 of Boggy 
Depot applied for membership and was accepted as Oklahoma Lodge No. 4, 
v'inita Lodge No. 5 of Vinita was chartered on September 8, 1875 with 
George W. Franklin as WM; John Swain J W; James Blythe, Treasurer; 
James A. Thompson Secretary and the following were members: William 
Penn Adair, William W. Butfington, George W. Clark, Joseph Vann Cratch- 
tield, James O. Hall. Benjamin F. Landrum, August S'ager. W. F. Tucker and 
D. H. Tucker. Henry Armstrong, Charles Bluejacket, David Taylor. Robert 
Taylor and Samuel M. Couch were members in 1876. George W. Franklin 
was W M; J. T. Cunningham, S W and Henry Eifiort, S D in 18 79. Among 
the members in 1880 were: George W. Franklin, W M: Thomas F. Couch. 
S W; A. W. Timberlake, J W; J. T. Cunningham. S D; Joseph Lynch Thomp- 
son, J D; J. J. Caldwell. Tyler and Ross Carey a member. In 1882 the 
following names are registered: James M. Tittle, William J. Strange, John 
C. Hogan, Samuel H. Mayes, Archibald McCoy. Robert Lunday, Surry Eaton 
Beck and John Henry Covel. 

The following citizens of the Cherokee Nation have been Most Wor- 
shipped Grand Masters of the Grand Lodge of Indian Territory: Harvey Lind- 
sey. 1882, Florian H. Nash, 1885, 1886 and 1887; Leo. E. Bennett, 
1889, 1890, 1891 and 1892 and Wilson O. Bruton in 1904. O'Lonzo 
Conner was M W G M of the Oklahoma Grand Lodge in 191'-). Leo E. 
Bennett was Grand Treasurer from 1899 to 1917. 


Cliief— ipofeiiilier ."i, 1S91, to December 23, ISiH 
November, 1899, to November, 1903 



The Texas Cherokee 1820-30. Ch^ant From. Mexico. Grant From Te.xas. 
Treaties. Expvl.'^iov. 

By thi? year of 1812, about one-fourth of the Cherokee Nation east had 
emigrated to the Arkansas territory between the Arkansas and White Rivers. 
John Bowles, a chief, and a large number from Running Water Town, on 
the Mussel Shoals of the Tennessee, had left in the year 1874 and emi- 
grated to the St. Francis River country in southeast Missouri. During the 
winter of 1811-12 this branch moved to the Arkansas Territory, where' they 
were domiciled until a survey of the Cherokee Nation, Arkansas was made 
hy the United States Government in 181Q in accordance with the provisions 
of the Treaty of 1817. 

Bowles' village was located between Shoal aand Petit Jean Creeks, 
on the south side of Arkansas River, outside of the stipulated Cherokee Ter- 
ritory, on account of this fact and in compliance with the wishes of his fol- 
lowers to locate in Spanish territory, he, with si.xty families, migrated in the 
winter of 1819-20 to territory that was claimed to have been promised them 
by the representatives of the Dominion of Spain, on Sabine River and ex- 
tending from the Angelina to the Trinity Rivers in the Province of Te.xas. 

Settlement was made north of Nacogdoches, then an expanse of waste and 
ruin, the result of warfare waged between the American and Spanish forces 
of Long and Perez. The climatic conditions auguring favorable to the pur- 
suits of agriculture, stock-raising and hunting, their numbers were augmented 
occasionally by recruits from their brethren in Arkansas and other tribes of 
Indians in the United States. 

For one whole year the Cherokees lived in peace and happiness under 
the roof of the hospitable Spaniard. Whether title to the lands accorded to 
and occupied by them was by prescription rights, the Indian mode of occu- 
pancy or in fee from the Monarch of Spain, is immaterial — they were there: 
their rights undisputed, under the impression they had a perfected right. 

The Mexicans, their authority emanating from the imperial government 
at Mexico City, becoming dissatislled with Spanish suzerainty over this por- 
tion of Latin America, adopted drastic measures toward throwing oft the 
Spanish yoke. 

By the Plan of Iguala, adopted by the revolutionary government of 
Mexico, 24th February, 182 1, the Mexicans published to the world that "all 
inhabitants of New Spain, without distinction, whether Europeans, Africans 
or Indians, are citizens of the monarchy, with a right to be employed in any 
post, according to their merit and virtues", and that "The person and pro- 
perty of every citizen will be respected and protected by the government" 
The" Treaty of Cordova, of the 24th August, 1821, and the Declaration of 
Independence of the 28th September, 1821, reaffirmed the principles of the 
Plan of Iguala. Also the decree of the 9th April, 182 3, which reaffirmed 
the three guaranties of the Plan of- Iguala, viz: — 1. Independence; 2. 
The Catholic religion; 3. Union of all Mexicans of whatever race. The 


decree of the 17th September lcS22, with a view to give effect to the 12th 
Article of the Plan of Iguala, declared that classification of the inhahitanl.s 
with regard to their origin, shall be omitted. The foregoing solemn decla- 
rations 'of the political power of the government, had the affect, necessarily, 
of investing- the Indians with the full privileges of citizenship- as effectually as 
had the Dedaration of Independence of the United States of 17/6 of investing 
all those persons with these privileges, residing in the country .at the time. 

Under the constitution and laws of Mexico, as a race, no distinction was 
made between the Indians, as to rights of citizenship and the privileges be- 
longing to it and those of European or Spanish blood. The Mexican Re- 
public from the time of its emancipation from Spain, always dealt most 
liberally with foreigners, in its anxiety to colonize its vacant lands. Where 
the grant declared ^hat a citizen of the United States had been naturalized, 
it was taken for true. Thus, it will be seen during this transitory period in 
the political affairs of the countrv, the Cherokees bore the status of ful!- 
fledged citizens of the Republic of Mexico, with all the privileges and im- 
munities attached to the other inhabitants thereof. The first evidence of any 
attempt at acquiring legal title to the lands so occupied since their advent, is 
adduced by a letter from Richard Fields to James Dill- Alcalde of Nacog- 
doches, as follows: 

"February 1st. 182 2. 

Dear Sir: I wish to fall at your feet and humbly ask you what must be 
done with us poor Indians;" We have some grants that were given us when 
we lived under" Spanish Government, and we wish you to send us news by 
the next mail whether they will be reversed or not. And if we were per- 
mitted, we will come as soon as possible to present ourselves before you in 
a manner agreeable to our talents. If we present ourselves in a rough man- 
ner, we pray you to right us. Our intentions are good toward the govern- 

Yours as a Chief of the Cherokee Nation. 

Richard Fields.'" 

It appears that this communication went unanswered but was forwarded 
to the Governor of the Province of Texas at Bexar or San Antonio. 

An indisputable title or unquestioned right of occupancy was desired on 
their part. With this object in view, a delegation repaired to Bexar and on 
the 8th November, 1822, an agreement was entered into between the Chero- 
kees and Jose Felix Trespalacios, Governor of the Province and acting for 
the Republic of Mexico. 

"Articles of Agreement, made and entered into between Captain Richard 
(Fields) of the Cherokee Nation, and the Governor of the Province of 

"ARTICLE 1. That the said Captain Richard (Fields) wi+h five others 
of his tribe, acompanied by Mr. Antonio Mexia and Antonio Wolfe, who act 
as interpreters, may proceed to Mexico, to treat with his Imperial Majesty, 
relative to the settlement which said Chief wishes to make for those of his 
tribe who are already in the territory of Texas, and also for those who are 


in the United States. 

"ART. 2nd. That the other Indians in the city, and who do not ac- 
company the before mentioned, will return to their village in the vicinity of 
Nacogdoches, and communicate to those who are at said village, the terms 
of this agreement. 

"ART. 3rd. That a party of warriors of said village must be constantly 
kept on the road leading from the province to the United States, to prevent 
stolen animals from being carried thithen and to apprehend and punish those 
evil disposed foreigners, who form assemblages, and abound on the banks of 
the River Sabine within the territory of Texas. 

"ART. 4th. That the Indians who return to their town, will appoint 
as their chief, the Indian Captain called Kunetand, alias Tong Turqui. to 
whom a copy of this agreement will be given, for the satisfaction of those of 
his tribe, and in order that they may fulfill its stipulations. 

''ART. 5th. That meanwhile, and until the approval of the Supreme 
Government is obtained, they may cultivate their lands and sow their crops 
in free and peaceful possession. 

"ART. 6th. That the said Cherokee Indians \v\\] become immediatelv 
subject to the laws of the Empire, as well as others who tread her soil- and 
they will also take up arms in defense of the nation, if called upon to do so. 

"ART. 7th. That they shall be considered Hispano-AmericanS' and en- 
titled to all the rights and privileges granted to such, and to the same protec- 
tion, should it become necessary. 

"ART. Sth. That thev can immediately commence trade with the other 
inhabitants of the province, and with the exception of arms and ammuni- 
tions of war, with the tribes of savages who may be friendly with us. 

"Which agreement, comprising the eight preceeding articles, has been 
executed in the presence of twenty-two Cherokee Indians of the Baron de 
Bastrop, who has been pleased to act as interpreter, of two of the Ayunta- 
miento. and two officers of this Garrison. 

Bexar, Sth November, 1822. 

Jose Felix Trespalacios, Jose Flores, Nabor Villarreal, Richard Fields, x 
his mark, El Baron de Bastrop, Manuel Iturri Castillo, Franco de Castanedo.'" 
In pursuance of this agreement Governor Trespalacios addressed the fol- 
lowing communication to Don Caspar Lopez Commandant of the Eastern 
Internal Provinces, sending it by Lieutenant Don Ignacio Ronquillo: 

"Captain Richard (Fields) of the Cherokee Nation, with twenty-two 
more Indians that accompanied him, visited me to ask permission for all be- 
longing to his tribe, to settle upon the lands of this province. After I had 
been informed myself through foreigners, who are acquainted with this Nation, 
that it is the most industrious and useful of the tribes in the United States, I 
entered with said Captain, into an agreement, the original of which I send 
you. This arrangement provided that Vaptain Richard and six others of his 
nation, with two interpreters, escorted by Lieutenant Don Ignacio Ronquillo 
and fifteen men of the Visscayan, shall proceed to your headquarters and, 
'f it meet your approval, thence to the court of the Empire. 

"The Cherokee Nation, according to their statement, numbers fifteen 


thousand souls; but there are within the borders of Texas only one hundred 
warriors and two hundred women and children. They work tor their hvmg, 
and dress in cotton-cloth, which they themselves manufacture. They raise 
cattle and horses and use firearms. Many of them understand the English 
language. In my opinion, they ought to be useful to the Province, for they 
immediately became subject to its laws, and I believe will succeed in putting 
a stop to carrying stolen animals to the United States, and in arresting those 
evil-doers that infest the roads.'" 

From the foregoing agreement and communication, it will be seen that 
the matter of procuring title was only partially and temporarily realized. 
While occupation or prescription rights were accorded by the authorities, they 
were also recognized as Hispano-Americans and were clothed with judicial as 
well as police powers, pledging their unqualified support in time of war. 
They were reorganized as agriculturists, manufacturers and stock-raisers and 
w^'.re to apprehend and try offenders against the laws of the Empire. 

Not being satisfied with conditions as to land titles, it was their determi- 
nation to push their claims for a more satisfactory arrangement. Repairing to 
Saltillo. headquarters of the Commandant General, they were sent, early in 
December on their way to Mexico City, where they arrived in the Spring of 
1823. The conditions of the country were chaotic. The throne of Em- 
peror Iturbide toppled and he was succeeded by Victoria, Bravo and Negrete 
on March 30th. 1823, who held the reigns of government, exercising a joiiu 

During the progress of aflairs. Fields and his fellow-companions were 
detained, awaiting the decision of the government. The Minister of Rela- 
tions gave notice that the agreement entered into between Fields and Tres- 
palacios would be recognized, pending the passage of a general colonization 
law. The Minister of Relations. Lucas Alaman, in the new provisional gov- 
ernment, wrote to Don Felipe de la Garza, the successor of Lopez, as Com- 
mandant General of the Eastern Internal Provinces, as follows: 

"The Supreme Executive Power has been pleased to resolve that Richard 
Fields, Chief of the Cherokee Tribe of Indians, and his companions, now in 
this Capitol, may return to their country, and that they be supplied with what- 
ever may be necessary for that purpose. Therefore, Their Supreme High- 
nesses have directed me to inform you that, although the agreement made 
on the 8th — November. 1822, between Richard Fields and Colonel Felix 
Trespalacious. Governor of Texas, remains provisionally in force, you are 
nevertheless required to he very careful and vigilant in regard to their settle- 
ments- endeavoring to bring them towards the interior, and at places least 
dangerous, not permitting for the present, the entrance of any new families 
of the Cherokee tribe, until the publication of the General Colonization Law, 
which will establish the rules and regulations to be observed, although the 
benefits to arise from it, cannot be extended to them, in relation to all of 
which. Their Highnesses intent to consult the Sovereign Congress. That 
while this is effecting, the families already settled, should be well treated, and 
the other chiefs also, treated with suitable consideration, provided that those 
already within our territory respect our laws, and are submissive to our 


authorities; and, finally, Their Hij;hnesses order, that in future neither these 
Indians, nor any others, he permitted to come to the City of Mexico, but 
only send their petitions in ample form, for journeys similar to the present are 
of no henelit and only create unnecessary expense to the state. All of which 
I communicate to you for your information and fulfillment." 

That the delegation regarded their land titles secure, is apparent. They 
returned home seemingly satisfied with their accomplishments. Victoria, 
Bravo and Negrete, through their Minister of Relations- had confirmed the 
then existing contract until such time that a general colonization law was 
enacted, implying that titles would be more securely vested under such a law. 

About a year later, Fields proposed a union of all the Indian tribes in 
Eastern Texas, proposing to exact a pledge from them, of fidelity to the gov- 
ernment. In promulgating this, he gave a summary of his accomplish- 
ments in Mexico City and of his plans for the future. On March 6th, 1824, 
he wrote to the Governor at San Antonio, as follows: 

"It was my intention, on my return from Mexico, to present myself at 
San Antonio- in order that the authorities there might examine the papers 
which I received from the Superior Government of the Nation : but it was 
impossible to do so. because a party of Comanches had prepared an ambush 
on the road. However, 1 had the good fortune to escape them. 

"The Superior Government has granted me in this province, a territory 
sufiicient for me and that part of the tribe of Indians dependent on me to 
settle on, and also a commission to command all the Indian tribes and nations 
that are in the four eastern provinces. 

"I pray your honor to notify all the Indians within your terirtory, and 
particularly the Lipans, that on the 4th "f July next, I shall, in compliance 
with the order of the Supreme Government, hold a general council of all the 
Indian tribes, at my house in the rancheria of the Cherokees- twelve miles 
west of the Sabine River. At this Council- I shall propose a treaty of peace 
to all Indians who are willing to submit themselves to the orders of the Gov- 
ernment. In case there should be any who may not wish to ratify what I 
propose- I shall use force of arms to subdue them. 

"I beg you to notify the commandant at San .Antonio that he shall, 
for the satisfaction of his people, send some trusted person to aid in the treaty 
of peace and see how the afi'air is managed. 

"Should it be convenient, have this letter translated and have the 
authorities send it to Rio Grande and Monclova, in which two places I left 
copies of the documents from the Superior Government." 

The Grand Council took place in pursuance of call, with exception of 
the date which was changed to August 20th. 1824. All the tribes convened 
in council at Fields' residence, with the exception of the Comanches and 
Tonkawas, on whom he proposed to make war. 

Closely following these events the 24th January- 182 3, the Central 
Government under Augustine- the first constituted Emperor of Mexico- en- 
acted the Imperial Colonization Law of 182 3, which decreed, among other 
things — "that the Mexican Government will protect the liberty, property and 


civil rights of all foreigners, etc." This was followed by the National Colo- 
nization Law of August 18, 1824. in which it was decreed — "To all who 
shall see and understand these presents — That the Mexican Nation offers to 
foreigners, who came to establish themselves within its territory, security for 
their persons and property, provided, they subject themselves to the laws of 
the country, etc. "and for this purpose, the legislatures of all the states will, 
as soon as possible, form colonization laws, or regulations for their respective 
states, conforming themselves in all things to the constitutional act- general 
constitution, and the regulations established in this law, etc." 

In pursuance of the foregoing, the State of Coahuila and Texas passed 
a colonization law March 25th. 1825, the first article of which reads: 

"All foreigners who, in virtue of the general law of the l8th of August. 
1824. which guarantees the security of their persons and property in this re- 
public, shall wish to emigrate to any of the settlements of the State of Coa- 
huila and Texas, are permitted to do so; and the said state invites and calls 
them." Second. "Those who shall thus emigrate, far from being molested, 
shall be admitted by the local authorities of said settlements, and permitted 
by the same to freely engage in any honest pursuit, provided they respect 
the general laws of the republic, and the laws of the state." 

It is noticeable that the provisions of the three consecutive colonization 
laws, the word "foreigners" and the phrase "those who shall thus emigrate" 
would apply to those who arrived after their passage, the lirst. the Imperial; 
decreed the 4th of January, 182 3. For the sake of clearness, it is deemed 
advisable to reiterate that the Cherokees were Mexican citizens and had been 
prior to the passage of these laws, as much so as any others who emigrated 
to Texas and were so made by statute or constitutional enactment. 

Possibly, owing to the absence of the locomotive, telegraph and other 
modes of travel and conveniences of communication, many of the early set- 
tlers of Texas did not know of the passage of these laws, or whether the 
vested rights of the Cherokees were purposely ignored on the part of the 
authorities of Coahuila and Texas, sitting at Saltilla, made divers and sundries 
grants of lands. These embraced portions of Cherokee territory, and among 
the donors were David G. Burnet, Vincente Filisola, Robert Leftwich, Frost 
Thorn and the Edwards Brothers. This act so incensed the Cherokees, that 
a council was soon after convened. Peter Ellis Bean reported to Stephen 
F. Austin that Fields addressed the council substantially as follows: 

■•In my old days, I traveled two thousand miles to the City of Mexico 
to beg some lands to settle a poor orphan tribe of Red People, who looked 
to me for protection. I was promised lands for them after staying one vear 
in Mexico and spending all I had. I then came to my people and waited 
two years, and then sent Mr. Hunter, after selling my stock to provide him 
money for his expenses. When he got there, he stated his mission to the 
Sovernment. 'I hey said they knew nothing of this Richard Fields and 
treated hmi with contempt. 

w.,v "'w"' ',,'r'? ^''" ^"'' ^ "''^" °f '^^"O'' ^"d can't be imposed on this 
\va\. We will lift up our tomahawks and fight for land with all those friendly 


tribes that wish land also. If 1 am Ivatcn, I will resign to fate, and if not, 
I will hold lands by the force of m_\- red warriors." 

John Dunn Hunter, a White man. had CdUie among the Cherokees 
sometime during the year 1825. Through his intervention, hope was held 
out that the agitated question of land title wtuild be amicably settled. With 
this end in view, he was dispatched to Mexico City to plead their cause. He 
arrived at the seat of government March 19th, 1826 and returned in Sep- 
tember, after fruitless attempts at a settlement of title. 

Seeing their lands taken possession of by newcomers, their homes and 
fire-sides so long established, what they considered wrongfully wrested from 
them, they began to prepare to maintain their holdings peacefully if possible, 
but by force, if they must. Touching these events, Stephen F. Austin wrote 
the Commander of Texas September 11. I826 in part, as follows: 

"There is reason to fear that the delay of the measures concerning the 
peaceable tribes, has disgusted them; and should this be the case, it would be 
a misfortune, for 100 of the Cherokees are worth more as warriors than 500 
Comanches. " 

Hunter, "pictured in story and glowing language the gloomy alternative, 
now plainly presented to the Indians, of abandoning their present abodes and 
returning within the limits of the United States — or preparing to defend them- 
selves against the whole power of the Mexican Government by force of 
arms. - " 

John G. Purnell wrote to Fields from SaltiUo on October 4th, 1825, 
as follows: 

"When I last saw you in my house at Monterey, I little thought in so 
short a time you would have commenced a war against your American brothers 
and the Mexican Nation; more particularly a man like yourself who is ac- 
quainted with the advantages of civilization. If your claims for lands 

were not granted at a time when the government was not firmly established, 
that should not be a cause of war. Ask and it will be given to you; this 
nation has always felt friendly inclined toward yours, and I am sure if you 
cease hostilities they will enter into a treaty with you by which you will obtain 
more permanent advantages than you can by being at war ". 

On November 10th. 1825, F. Durcy. also of SaltiUo, wrote to Francis 
Grapp. a well-known Indian trader at Natchitoches: 

"Knowing the weight of your influence with all the savage nations and 
also the ascendancy that you have over the character of Mr. Fields, your 
son-in-law, I think that no one could stop, better than yourself, the great dis- 
turbance which is about to be raised by the Indians, whom you understand 
better than I. I say that you can distinguish yourself for the welfare of 
humanity in general, in making the savages understand the evils which await 
them in "following the plans of Mr. Fields, and likewise causing Mr. Fields to 
be spoken to by his brother, who can prevail upon him (le determiner) to 
abandon a plan which will have no -other end than that of destroying him- 
self and all who shall have the misfortune to follow him." 


Hunter's mission to Mexico City failed of its purpose. Tlie Edwards 
brothers, wlio had i^een granted territory on which to settle eight hundred 
families, discovered that their claims of title conflicted with others originat- 
ing under the Spanish regime. These lands also over-lapped the Cherokee 
session. They had consumed large sums of money, time- and enormous 
amount of work in the United States arranging for the introduction of the 
eight hundred families called for by the terms of the empresario contract with 
the Mexican government. Finding themselves in dispute over their lands, 
almost the same as their neighbors, the Cherokees' affairs were rapidly reach- 
ing a critical stage in that portion of Texas. 

The Edwardses, highly incensed at the prospects of losing their all at 
one fell swoop, determined to throw off Mexican sovereignty and thus de- 
clare Texas a free and independent nation, under the name of the Republic 
of Fredonia. 

Fields and Hunter concluded to confer with this embryo government 
on future plans. On their arrival at Nacogdoches, they found all excite- 
ment and chaos. A compact was entered into by Fields and Hunter, on the 
part of the Red people, Harmon B. Mayo and Benjamin W. Edwards, as 
agents of the Committee of Independence, culminating into a Solemn Union- 
League and Confederation in peace and war to establish and defend their 
independence against Mexico. 

The compact entered into, follows: 

"Whereas, The Government of the Mexican United States, have, by 
repeated insults, treachery and oppression, reduced the White and Red emi- 
grants from the United States of North America, now living in the Province 
of Texas, within the territory of said government, which they have been de- 
luded by promises solemnly made, and most basely broken, to the dreadful 
alternative of either submitting their free-born necks to the yoke of the im- 
becile, unfaithful, and despotic government, miscalled a Republic, or of taking 
up arms in defense of their inalienable rights and asserting their independence; 
they— viz: The White emigrants now assembled in the town of Nacogdoches, 
around the independent standard, on the one part, and the Red emigrants who 
have espoused the same Holy Cause, on the other, in order to prosecute more 
speedily and effectually the war of Independence, they have mutually under- 
taken, to a successful issue, and to bind themselves bv the ligaments of re- 
ciprocal interests and obligations, have resolved to form a treaty of Union, 
League and Confederation. 

"For this illustrious object, Benjamin W. Edwards and Harmon B. 
Mayo. Agents of the Committee of Independence, and Richard Fields and 
John D. Hunter, the agents of the Red people, being respectfully furnished 
with due powers, have agreed to the following articles: 

"1 The above named contracting parties, bind themselves to a solemn 
union, League, and Confederation, in peace and war, to establish and defend 
tlieir mutual mdependence of the Mexican United States. 
nn, ""'.I '^^^. contracting parties guarantee mutually to the extent of their 
pouLi, the mtegnty of their respective territories as now agreed upon and 


describc^d- viz: The territory apportioned to tlie Red people, shall besin at 
the Sandy Spring, where Bradley's road takes otY from the road leading- from 
Nacogdoches to the Plantation of Joseph Dust; from thence west by the 
compass, without regard to variation, to the Rio Grande; thence to the head 
of the Rio Grande; thence with the mountains to the head of the Big Red 
River; thence north to the boundary of the United States of America; thence 
with the same line to the mouth of Sulphur Fork; thence in a right line to 
the beginning. 

"The territory apportioned to the White people, shall comprehend all 
the residue of the Province of Texas, and of such other portions of the 
Mexican United States, as the contracting parties, by their mutual efforts and 
resources, may render independent, provided the same shall not extend further 
west than the Rio Grande. 

"3. The contracting parties mutually guarantee the rights of Empre- 
sarios to their premium lands only, and the rights of all other individuals, 
acquired under the Mexican Government and relating or appertaining to 
the above described territory, provided the said Empresarios and individuals 
do not forfeit the same by an opposition to the independence of the said 
territories, or by withdrawing their aid and support to its acomplishment. 

It is distinctly understood by the contracting parties, that the terri- 
tory apportioned to the Red people, is intended as well for the benefit of 
those tribes now settled in the territory apportioned to the White people, 
as for those living in the former territory, and that it is incumbent upon the 
contracting parties for the Red people to ofler the said tribes a participation 
in the same. 

"5. It is also mutually agreed by the contracting parties, that every 
individual. Red or White, who has made improvements within either of the 
Respective Allied Territories and lives upon the same, shall have a fee 
simple of a section of land, including his improvement, as well as the pro- 
tection of the government in which he may reside. 

"6. The" contracting parties mutually agree, that all roads, navigable 
streams, and all other channels of conveyance within each Territory, shall be 
open and free to the use of the inhabitants of the other. 

"7. The contracting parties mutualy stipulate that they will direct 
all their resources to the prosecution of the Heaven-inspired cause which has 
given birth to this solemn Union, League and Confederation, firmly relying 
upon their united efforts, and the strong arm of Heaven for success. 

"In faith whereof, the Agents of the respective contracting parties 
hereunto affix their names. 

"Done in the town of Nacogdoches, this the twenty-first of Decem- 
ber, in the vear of our Lord, one thousand eight hundred and twenty-six." 

Richard Fields, John D. Hunter, B. W. Edwards, H. B. Mayor. 

"We, the Committee of Independence, and the Committee of the Red 
people, do ratify the above Treaty, and do pledge ourselves to maintain it in 
good faith. 

"Done on the day and date above mentioned. 

Richard Fields, John D. Hunter, Ne-Ko-Lake, John Bags, Cuk-To-Keh, 


Martin Parmer, President, Hayden Edwards, W. B. Legon, John Sprowl, B. 
J. Thompson, Jos. A. Huher, B. W. Edwards, H. B. Mayo. 

While these things were transpiring in and around Nacogdoches, the 
Mexicans, with their chief allies Stephen F. Austin and Peter Ellis Bean, were 
stirring up dissatisfaction among the Fredonians, both Red and White people. 
To forestall any further preparations on the part of the infant revolutionary 
government, Bent on 16th — December, arrived with thirty-five Mexican sol- 
diers from San Antonio. On learning of the feelings that pervaded the Fre- 
donians, he retired to a point west of Nacogdoches to await reinforcements, 
realizing his forces were inadequate to successfully cope with the revolutionary 
forces. About the 20th of the same month, two hundred strong under 
Colonel Mateo Ahumada, with banners flying, the glittering of steel and the 
clanking of arms, marched out of San Antonio, bent on the conquest of 
Nacogdoches. This contingent was accompanied by Jose Antonio Saucedo, 
the Political Chief, in full charge of operations. 

On January 2 2nd — 1826, Austin addressed the Mexican people in terms, 
as follows: 

"To the Inhabitants of the Colony: 

"The persons who were sent on from this colony by the Political Chief 
and Military Commandant (Austin) to ofier peace to the madmen of Nacog- 
doches, have returned — returned without having affected anything. The 
olive branch of peace which was held out to them has been insultingly re- 
turned, and that party have denounced massacre and desolation to this colony. 
They are trying to excite all the Northern Indians to murder and plunder, and 
it appears as though they have no other object than to ruin and plunder this 
country. They openly threaten us with massacre and the plunder of our 

"To arms then, my friends and fellow-citizens, and hasten to the standard 
of our country. 

"The first hundred men will march on the 26th. Necessary orders for 
mustering and other purposes will be issued to commanding officers. 

Union and Mexico. 

S. F. Austin. 
San Felipe de Austin, 
January 27th — 1827." 

The authorities and leading citizens of Austin's Colony lost no time in 
fomenting dissension in the ranks of the Fredonians. From the capitol of 
his colony, Austin hurled all the epithets at his command against his liberty- 
loving American brothers. Writers of Texas history condemn him for the 
course taken in this instance. A careful perusal of the compact entered into 
by the Fredonians will not disclose an iota justifying his denunciations in 
such terms, in his proclamation to the colonists. The compact was to them, 
what the mimortal document of 1776 was to the Americans during the 
gloomy days of the American Revolution. It was their divorcement from 
a weak, unstable and vacillating rule. It was the forerunner of the glorv 
of San Jacnito, the climax that thrills the heart of every loyal Texan and 
freeman throughout Christendom. Doomed to failure it was, and the perpe- 


trators suffered the consequences. 

Their propaganda was successful. Promises of land and other pre- 
ferments by Bean and Austin detached large numbers of the Fredonians. 
leaving- the loyal, in a hopeless state. Bowles and Mush, of the Cherokees, 
were among the detached. Due to their machinations. Fields and Hunter 
were foully murdered by men of their own people. The Edwards contingent 
was dispersed and fled to Louisiana, and other portions of the United States. 
For his services in having Fields and Hunter put out of the way. Bowles was 
invested with a commission as nominal Colonel in the Mexican army, as was 
also Peter Ellis Bean. The Fredonia at!air was terminated. 

Affairs in this portion of Texas were restored to normalcy, with the ex- 
ception of the mooted question of land titles. To further complicate mat- 
ters, the legislature made a division of the territory in question between David 
G. Burnet and Joseph Vehlein. 

The Act of April 6th, 1830, prohibiting the further emigration of 
Americans into Texas, was passed. General Teran. Conunandant General 
of the Eastern Interior States, determined to perfect title in the Cherokees, 
to lands so long- occupied by them, and on August I5th, 183 1. wrote to 
Lelona, Governor of Coahuila and Texas: 

"In compliance with the promises made by the Supreme Government, 
to the Cherokee Indians, and with a view to the preservation of peace, with 
the rude tribes, I caused them to determine upon some fixed spot for their 
settlement, and having selected it on the head waters of the Trinity, and the 
banks of the Sabine, I pray your Excellency may be pleased to order that 
possession be given to them, with the corresponding titles, with the under- 
standing that it will be expedient, that the commissioners be appointed for 
this purpose, should act in conjunction with Colonel Jose de las Piedras, 
commanding the military forces on the frontier of Nacogdoches." 

Teran 's suggestions that title be consummated was universally concurred 
in by the authorities. March 22, 1832, Governor Letona ordered the political 
chief to furnish Commissioner Piedras with the necessary documents in due 
form for that purpose. On the eve of preparations to carry out such orders, 
he was expelled from Nacogdoches by an uprising of Americans. Soon 
afterwards, Teran committed suicide and was succeeded in office by Vincente 
Filisola who held an empresario contract in his own name. This appoint- 
ment was detrimental to the interests of the Cherokees in the extreme, be- 
cause his contract embraced a portion of their lands. Governor Letona died 
of yellow fever and was succeeded by Beramendi. 

The attempts on the part of Mexico to grant title, ended with these 

On July 20th, 1833, a delegation headed by Colonel Bowles, repaired 
to San Antonio and petitioned the Political Chief for title to their lands. 
They were directed to Monclova, the Capitol of the Province of Coahuih 
and Texas, where they were given assurance that their claims would receive 
due consideration. But, inasmuch as David G. Burnet and Vincente Filisola 
had immatured colonization contracts which were to expire Deceml-ier 2 1st — 
18 35, all land title, he maintained, must, of necessity, be held in abeyance 


for the time being. However, on March 10th — 1835, the Political Chief 
wrote the Supreme Government, admonishing the authorities that the Chero- 
kees be not disturbed in their possessions until the central government at 
Mexico City could finally pass on the question. 

On May 12. 1835, the legislature of the state of Coahuila and Texas 
passed the following resolution : 

"Art. 1. In order to secure the peace and tranquility of the state, the 
government is authorized to select, out of the vacant lands of Texas, that 
land which may appear most appropriate for the location of the peaceable 
and civilized Indians which may have been introduced into Texas. 

"Art. 2. It shall establish with them a line of defense along the fron- 
tier to secure the state against the incursions of barbarous tribes." 

This was the last utterance of the Mexican government in reference to 
the Cherokee claims. 

At the beginning of the disaffection of the Americans, the Committee 
of Public Safety, the Permanent Council and Consultation, successively, had 
deemed it just and prudent to arrive at some understanding with the Chero- 
kees and other Indians concerning their land claims. 

The state of aft'airs at this period existing between the Central Govern- 
ment at Mexico City and the State of Coahuila and Texas was exceedinglyl 
critical. On the I9th of September, 1835, on behalf of the Committee of 
Safety, Stephen F. Austin addressed the people of Texas in part: "That 
every district should send members to the General Consultation, with full 
powers to do whatever may be necessary for the good of the country." 

The General Consultation convened on the l6th — October, 1835, but 
adjourned for want of a quorum. It reassembled at San Felipe de Austin 
on November 1st, but was unable to dispatch business until the 3rd, when 
a quorum appeared. Dr. Branch T. Archer of Brazoria, formerly Speaker 
of the House of Delegates in the Virginia Legislature, was unanimously 
elected President. This was the third deliberative body authorized on the 
American plan, superseding the conventions of October 1. 1832, and April 
1, 1833. In an elaborate speech to the convention, President Archer re- 
viewed the condition of aifairs of the country and recommended plans upon 
which Texas was to erect autonomy and at the same time contest upon the 
field of battle for a long-cherished independence. Among other things im- 
pressed upon the members of the Consultation, were the need of establishing 
a provisional Government, with a Governor, Lieutenant Governor and Council 
to be clothed with Legislative and executive powers; and that "there are sev- 
eral warlike and peaceful tribes of Indians that claim certain portions of our 
land. Locations have been made within the limits they claim, which has 
created great dissatisfaction amongst them. Some of the chiefs of those 
tribes are expected here in a few days, and I deem it expedient to make some 
equitable arrangement of the matter that will prove satisfactory to them." 

On the 7th of November 1835, the Unanimous Declaration of the 
Consul at.on was adopted. It declared that "General Lopez de Santa Anna 

h In '"'J' ^ '"^*''"' '''^'' ^^ ^'"'^ °f ^""S' overthrown the federal 
.nstitutions of Mexico and dissolved the social compact which existed be- 


tween Texas and other members of the Mexican Confederacy; Now. the 
good people of Texas, availing- themselves of their natural rights, Solemnly 
Declare — 1st. That they have taken up arms in defense of their Rights and 
Liberties, ". 

In pursuance of this Declaration of Independence, a Plan or Constitu- 
tion for a Provisional Government was drawn by a committee headed by 
Henry Smith, reported to that body on November 9th, but was not adopted 
as the organic act until the 11th, at which time it was enrolled and signed. A. 
provisional Government was thus created, among the prerogatives or duties 
imposed upon the Governor and Council were to hypothecate the public 
lands and pledge the public faith for a loan not to exceed one million dol- 
lars; to impose and regulate imports and tonnage duties and provide for the 
collection of the same; treat with the several tribes of Indians in reference to 
their land titles, and, if possible, to secure their friendship; establish post- 
otfices and post-roads; regulate postal rates and appoint a post-master gen- 
eral; grant pardons and hear admiralty cases. 

Adoption of this plan and the election of ofi'icers toook place on No- 
vember 12th, and signed by the fifty-four delegates present on the following 
day. Henry Smith, opposed by S. F. Austin, was duly elected Provisional 
Governor, while James W. Robinson of Nacogdoches- was elected Lieutenant 

From the time of the conception of a separation of Texas from 
Mexico, it was deemed advisable to conciliate the Indian tribes within her 
borders, and this could best be brought about by entering into a treaty of 
friendship and neutrality and at the same time guarantee to them title to the 
lands occupied. The Cherokees were peacefully domiciled in east central 
Texas and were regarded, and justly so, as agriculturists, manufacturers, stock- 
raisers and the following of other pursuits that well plaeed them out of the 
savage or hunter class and compelled the fitting appellation of Civilized In- 
dians. They possessed, as a nation, several hundred soldiers or warriors who 
were expert riflemen. 

On November 13th, 1835, the day of the adoption of the Plans and 
Powers of the Constitution of the Provisional Government, the following 
Solemn Declaration was unanimously adopted and signed by the entire body 
of fifty-four members: 

•'Be It Solemnly Decreed. That we. the chosen delegates of the Consul- 
tation of the people of all Texas, in general convention assembled, solemnly 
declare that the Cherokee Indians, and their associate bands, twelve tribes in 
number, agreeable to their last general council in Texas, have derived their 
just claims to lands included within the bounds hereinafter mentioned from 
the government of Mexico, from whom we have also derived our rights to the 
soil bv grant and occupancy. 

"We solemnly declare that the boundaries of the claims of the said 
Indians to the land' is as follows, to-wit: Lying north of the San Antonio 
road and the Neches, and west of the Angelina and Sabine Rivers. We sol- 
emnly declare that the Governor and General Council, immediately on its 
organization, shall appoint Commissioners to treat with the said Indians, to 


establish the definite boundaries of their territory- and secure their confidence 
and friendship. 

"We solemnly declare that we will guarantee to them the peaceful en- 
joyment of their rights to the lands, as we do our own; we solemnly declare, 
that all grants, surveys and locations of lands, hereinbefore mentioned, made 
after the settlements of said Indians, are, and of right ought to be, utterly 
null and void, and that the Commissioners issuing the same, be and are here- 
by ordered, immediately to recall and cancel the same, as having been made 
upon lands already appropriated by the Mexican Government. 

"We solemnly declare that it is our sincere desire that the Cherokee In- 
dians, and their associate bands, should remain our friends in peace and war, 
and if they do so, we pledge the public faith for the support of the forego- 
ing declarations. 

"We solemnly declare that they are entitled to our commisseration 
and protection, as the just owners of the soil, as an unfortunate race of peo- 
ple, that we wish to hold as friends, and treat with justice. Deeply and sol- 
emnity impressed with these sentiments as a mark of sincerity, your commit- 
tee would respectfully recommend the adoption of the following resolution: 
"Resolved, That the members of this convention, now present, sign this 
Declaration, and pledge the public faith, on the part of the people of Texas. 
"Done in Convention at San Felipe de Austin, this 13th day of Novem- 
ber, A. D., 18 35. 

(Signed) B. T. Archer, President, 
John A. Wharton, Meriwether W. Smith, Sam Houston, William Menifee, 
Chas. Wilson, Wm. N. Sigler, James Hodges, Wm. W. Arrington, John Bevil, 
Wm. S. Fisher, Alex. Thompson, J. G. V. Pierson, D. C. Barrett. R. Jones 
Jesse Burnam, Lorenzo de Zavala, A. Horton, Edwin Waller, Daniel Parker, 
Wm. P. Harris. John S. D. Byrom. Wm. Whitaker. A. G. Perry. Albert G. 
Kellogg, C. C. Dyer, Geo. M. Patrick, J. D. Clements, Claiborne West, Jas. 
W. Parker, J. S. Lester. Geo. W. Davis. Joseph L. Hood, A. E. C. Johnson. 
Asa Hoxey, Martin, Asa Mitchell, L. H. Everett, R. M. Williamson, 
Phillip Coe. R. R. Royal. John W. Moore. Benj. Fuga. S'am T. Allen, Wyatt 
Hanks, James W. Robinson, Henry Millard, Jesse Grimes, A. B. Hardin, Wyly 
Martin, Henry Smith. David A. Macomb. A. Houston. E. Collard. 

P. B. Dexter. 

Pledging the public faith on the part of the people of Texas, among 
other things the "Solemn Declaration," after defining the boundaries of the 
churns of the Cherokees enunciated "that we will guarantee to them the peace- 
ful enjoyment of their rights to their lands, as we do our own, we solemnly 
declare that all grants, surveys and locations of lands, within the bounds here- 
inbefore mentioned, made after the settlement of said Indians, are, and of right 
ought to be. utterly null and void, and the commissioners issuing the same, 
be and are hereby ordered, immediately to recall and cancel the same, as 
having been made upon lands already appropriated bv the Mexican Govern- 


After the passage of the Colonization Laws. s;'vinj;- io the respeetive 
states the right to make disposition of the vacant lands within their bound- 
aries, it will be remembered that David G. Burnet and others were awarded 
contracts affecting lands within the boundaries described and partially in the 
Cherokee Nation. 

When the consultation was published to the world, it was the just a 
little over a month until the date of the expiration of the contracts of Bur- 
net and Fileasola, which fell on December 2 1, I8^r "And all grants, sur- 
vey's and locations of lands within the bounds hereinbefore mentioned, made 
after the settlement of said Indians, are, and of right ought to be, null and 

As has been said, the Cherokees settled on these lands in the winter of 
18 19-20, while the contracts of Burnet bear date of December 22, 1826. 
All the acts of the Consultation were the basic or organic laws of the land 
and if any act is to be accepted as such, these contracts must ceratinly have 
been annulled, since their provisions bore directly upon lands already ap- 
propriated by the Mexican Government and so recognized by the Consulta- 
tion and the Provisional Government of Texas. "Language could not be 
made more plainer or obligatory than was this guarantee to these tribes." 

Among the several acts of this body, a Major General who was to be 
Commander-in-chief of all the Military forces, was elected by that body. Sam 
Houston was the unanimous choice. His commission follows: 

"In the name of the people of Texas- free and sovereign. 

"We, reposing special trust and conhdence in your patriotism, valor, con- 
duct and tidelity, do by these presents constitute and appoint you to be Major 
General and Commander-in-chief of the armies of Texas and of all the forces 
now raised or to be raised by it> and of all others who shall voluntarily of- 
fer their services and join the army, for the defense of the constitution and 
liberty, and for repelling every hostile invasion thereof; and you are hereby 
vested with full power and authority to act as you shall think best for the 
good and welfare of the service. 

"And we do hereby strictly charge and require all officers and soldiers 
under your command to be obedient to your orders, and diligent in the ex- 
ercise of their several duties. 

"And we do also enjoin you to be careful in executing the great trust 
reposed in you, by causing strict discipline and order to be observed in the 
army and that the soldiers be duly exercised- and provided with all convenient 

"And you are to regulate your conduct in every respect by the rules and 
discipline of war adopted by the United States of North America- or such as 
may be hereafter adopted by this government; and particularly to observe 
such orders and directions, from time to time, as you shall receive from this 
or a future government of Texas. 

"This commission to continue in force until revoked by this or a future 


Done at San Felipe de Austin, on the fourteenth day of November, 
eighteen hundred and thirty-live . 

Henry Smith. 

P. B. Dexter, Secretary of 
Provisional Government." 

On November 14th, the Consultation ceased its labors. Governor Smith 

immediately convened the Council for the government of the country. Upon 
the organization of the Council, Governor Smith addressed that body the fol- 
lowing letter relative to carrying into effect that portion of the Declaration 
touching the Cherokee claims: 

"San Felipe, December, 18. 1835. 
Gentlemen of the Council: 

" -- __I further have to suggest to you the propriety 

of appointing the Commissioners on the part of this government to carry into 
effect the Indian treaty as contemplated by the Convention. I can see no 
difficulty which can reasonably occur in the appointment of the proper agents 
on our part, having so many examples and precedents before us. The United 
States have universally sent their most distinguished military officers to per- 
form such duties, because the Indians generally look up to and respect their 
authority as coercive and paramount. 1 would therefore suggest the proprie- 
ty of appointing General Houston, of the army, and Col. John Forbes of 
Nocogdoches, who has been already commissioned as one of my aides. The 
Commissioners would go specially instructed, so that no wrong could be com- 
mitted either to the government, the Indians, or our individual citizens. All 
legitimate rights would be respected, and no others. I am aware that we 
have no right to transcend the superior order, and Declaration made by the 
convention, and, if I recollect that article right, the outline of external boun- 
daries was demarked within which the Indian tribes alluded to, should ba 
located; but at the same time paying due regard to the legitimate rights ot 
the citizens within the same limits. 

"If these Indians have introduced themselves in good faith under the 
Colonization Laws of the Government, they would be entitled to the benefit 
of these laws and comply with their conditions. I deem it a duty which we 
owe them to pay all due respects to their rights and claim their co-operation 
in the support of them and at the same time not to infringe upon the rights 
of our countrymen, so far as they have been justly founded. 

"These agents going under proper instructions, would be enabled to do 
right, but not permitted to do wrong, as their negotiations would be subject 
to investigation and ratification by the government before they became a law. 

1 am, gentlemen. 

Your Obedient Servant. 

Henry Smith. 



Resolution Appointing Commissioners to Treat With the Cherokee Indians 

"Be It Resolved by the General Council of the Provisional Governmenl 
of Texas, That Sam Houston, John Forbes and John Cameron, be and they 
are hereby appointed Commissioners to treat with the Cherokee Indians, and 
their twelve Associated Bands, under such instructions as may be given them 
by the Governor and Council ,and should it so happen that all the Commis- 
sioners cannot attend, and two of them shall have power to conclude a treatv 
and report the same to the General Council of the Provisional (iovernment, 
for its approval and ratification. 

"Be It Further Resolved, etc. That said Commissioners be required to 
hold said treaty so soon as practicable. 

"Passed- Dec. 22d. 18 35. 

James W. Robinson, 

Lieut.-Gov. and ex-offlco 

Pres't. of G. C. 
E. M. Pease, Secy, to General Council, 
Approved, December 2 8, 1835. 

Henrv Smith, Governor. 
C. B. Stewart, 

Sec'y. to Executive." 

Resolution for Instructing Commissioners Appointed to Treat with the 
Cherokee Indians and Their Associate Bands: 

"Be it resolved by the General Council of the Provisional Government 
of Texas- That Sam Houston, John Forbes and John Cameron, appointed 
Commissioners to treat with the aforesaid Indians, be and they are hereby in- 
structed, to proceed as soon as practicable, to Nacogdoches, and hold a treaty 
with the Indians aforesaid, and that they shall in no wise transcend the Dec- 
larations made by the Consultation of November last, in any of their articles 
of treaty. 

"Sec. 2. Be it Further Resolved, etc. That they are required In all 
things to pursue a course of justice and equity toward the Indians, and to pro- 
tect all honest claims of the whites, agreeably to such laws, compacts or treat- 
ies, as the said Indians may have hereto made with the Republic of Mex- 
ico, and that the (said) Commissioners be instructed to provide in said treaty 
with the Indians, that they shall never alienate their lands, either separately 
or collectively, except to the Government of Texas, and to agree that the 
said Government will at any time hereafter, purchase all their claims at a 
fair price and reasonable valuation. 

"Sec. 3. Be It Further Resolved, etc.. That tiie Governor be required 
to give to the Commissioners, such definite and particular instructions, as he 
may think necessary to carry into effect the object of the foregoing resolu- 
tions, together with such additional instructions as will secure the etTective 
co-operation of the Indians at a time when it may be necessary to call all 
the effective forces of Texas, into tiie ileld, and agreeing for their services in 
a body for a specified time. 


"Sec. 4. Be It Further Resolved, etc., That the Commissioners be 
authorized and empowered to exchange other lands within the limits of Texas, 
not otherwise appropriated in place of the lands claimed by said Cherokee 
Indians and their Associated Bands. 

"Passed at San Felipe de Austin, Dec. 26, 1835. 
James W. Robinson, 

Lieut. -Gov. and ex-ofticio Prest. of G. C. 
Henry Smith, 

E. M. Pease, 

Sec'y. of General Council 
C. B. Stewart, Sec'y. of Executive. 

Treaty Between the Commissioners on Behalf of the Provisional Gov- 
ernment of Texas and the Cherokee Indians and Twelve Associated Tribes: 

"This treaty this day made and established between Sam Houston and 
John Forbes, Commissioners on the part of the Provisional Government of 
Texas, on the one part, and the Cherokees and their associate bands now 
residing- in Texas, of the other part, to-wit: Shawness, Delawares, Kickapoos, 
Quopaws, Choctaws, Bolupies, Jawanies, Alabomas, Cochaties, Caddoes nf 
the Noches, Tahovcattokes, and Unatuquouous, by the head chiefs and head 
men and warriors of the Cherokees, as elder brothers and representatives of 
all other bands, agreeable to their last council. This treaty is made in con- 
formity to the declaration made by the last general consultation at San Felipe 
and dated the I3th, of November, 1835. 

"Article 1. The parties declare that there shall be a firm and lastins^- 
peace forever, and that friendly intercourse shall be preserved by the people 
belonging to both parties. 

"Article 2. It is agreed and declared that the before-mentioned tribes 
or bands shall form one community and that they shall have and possess the 
lands within the following bounds, to-wit: Lying west of fhe San Antonio roau 
and beginning on the west at the point where the road crosses the river Angel- 
ina and running up said river until it reaches the first large creek below the 
great Shawnee Village emptying into said river from the northwest; thence 
running with said creek to its main source, and from thence a due northwest 
course to the Sabine river, and with said river west, then starting where the 
San Antonio road crosses the Angelina river, and with the said road to n 
point where it crosses the Neches River, and thence running up to the east 
side of said river in a northwest direction. 

"Article 4. It is agreed by all parties that the several bands or their 
tribes named in this treaty shall all remove within the limits or bounds as 
above described. 

"Article 5. It is agreed and declared by the parties aforesaid that the 
land lying and being within the aforesaid limits, shall never be sold or alienat 
ed to any person or persons, power or government whatsoever other than 
the government of Texas, and the Commissioners on behalf of the Govern- 
ment of Texas, bind themselves to prevent in the future all persons from in- 
truding on said bounds. And it is agreed on the part of the Cherokees, for 


themselves and their younger brothers, that no other tribes or bands of In- 
dians whatsoever shall settle within the limits aforesaid, but those already 
named in this treaty and now residing- in Texas. 

"Article 6. It is declared that no individual person, member of the tribes 
before named, shall have power to sell or lease land to any person or per- 
sons not a member or members of this community of Indians, nor shall anv 
citizen of Texas be allowed to lease or buy land from any Indian or Indians. 

"Article 7. That the Indians shall be governed by their own regula- 
tions and laws, within their own territory, not contrary to the laws of the 
Government of Texas. All property stolen from the citizens of Texas, or from 
the Indians shall be restored to the party from whom it was taken and the 
otl'ender or offenders shall be punished by the party to whom he or thev mav 

"Article 8. The Government of Texas shall have power to regulate 
trade and intercourse, but no tax shall be laid oon the trade of the Indians. 

"Article 10. The parties to this treaty agree, that as soon as Jack 
Steel and Samuel Benge shall abandon their improvements without the 
limits of the before recited tract of country and remove within the same — 
that they shall be valued and paid for by the Government of Texas — the said 
Jack Steele and Samuel Benge. having until the month of November, next 
succeeding from the date of this treaty, allowed them to remove within the 
limits before described. And all the lands and improvements now occupied 
by any of the before named bands or tribes not lying within the limits before 
described, shall belong to the Government of Texas and subject to its disposal. 

"Article 1 1. The parties to this treaty agree, and stipulate that all the 
bands or tribes, as before recited (except Steele and Benge) shall remove 
within the before described limits within eight months from the date of this 

"Article 12. The parties to this treaty agree that nothing herein con- 
tained shall effect the relations of the neighborhood thereof, until a General 
Council of the several bands shall take place and the pleasure of the conven- 
tion of Texas be known. 

"Article 13. It is also declared, That all the titles issued to lands not 
agreeable to the Declaration, of the General Consultation of the people of 
all Texas, dated the thirteenth day of November, eighteen hundred and thirty- 
five, within the before recited limits — are declared void — as well as all orders 
and surveys made in relation to the same. 

"Done at Colonel Bowl's Village on the twenty-third day of February 
eighteen hundred and thirty-six, and the first year of the Provisional Govern- 
ment of Texas. 

Signed : 

Witness: — Fox (his x mark) Fields, Henry Millard, Joseph Durst, A. 
Horton, George W. Case, Mathias A. Bingham, George V. Hockley, Sec'y. of 
Commisssion, Sam Houston, John Forbes, Colonel (his x mark) Bowl. Big 
(his x mark) Mush, Samuel (his x mark) Benge, Oozovta (his x mark). 
Corn (his x mark) Tassell. 


The (his x mark Egg, John Bowl, Tunnetee (his x mark). 

Commissioners Sam Houston and John Forbes, on the part of the Pro- 
visional Government of Texas, reported as follows to the Governor: 

Washington, February 29. 1836. 
To His Excellency, 
Henry Smith. Governor of Texas. 

In accordance with a commission issued by your Excellency dated the 
26th day of December, 1835. the authorized commissioners, in the absence of 
John Cameron. Esquire, one of the commissioners named in the above men- 
tioned instrument, most respectfully report: That after sufficient notice be- 
ing given to the different tribes named in the commission, a treaty was held 

at the house of John , one of the tribe of Cherokee Indians 

-- The Commissioners would also suggest to 

your Excellency that titles should be granted to such actual settlers as are now 
within the designated boundaries, and that they should receive a fair remuner- 
ation for their improvements and the expenses attendant upon the exchange 
in lands or other equivalent. 

It will also be remembered by your Excellency that the surrender by the 
Government of the lands to which the Indians may have had any claims is 
nearly equivalent to that portion now allotted to them and we must respect- 
fully suggest that they should be especially appropriated for the use of the 
government. They also call your attention to the following remarks, viz: 
"The state of excitement in which the Indians were first found by your com- 
missioners, rendered it impossible to commence negotiations with them on 
the day set apart for it. On the day succeeding, the treaty was opened. Some 
difficulty then ocurred relative to the exchange of lands, which the Commis- 
sioners proposed making for those now occupied by them, which was prompt- 
ly rejected. The boundaries were those established as designated in the treaty 
alone and that such measures should be adopted by your excellency for their 
security as may be deemed necessary The Com- 
missioners used every exertion to retain that portion of territory for the use 
of the government, but an adherence to this would have but one effect, viz; 
that of defeating the treaty altogether." 

"Under these circumstances the arrangement was made as now report- 
ed in the accompanying treaty. They would also suggest the importance of 
the salt works to the government and the necessity that they should be kept 
for the use of the government. 

'The Commissioners also endeavored to enlist the chiefs of the differ- 
ent tribes in the cause of the people of Texas and suggested an enrollment 
of a force from them to act against our common enemy, in reply to which 
they informed us that the subject had not before been suggested to them, but 
a general council should be held in the course of the present month, when 
their determination will he made known. 

"The expenses attendant upon the treatv are comparatively lisht, a state- 
ment of which will be furnished to your Excellency. 


"All of which is most respeclfulh submitted. 

John Forbes." Sam Houston, 

After about sixteen years the ambition of the Cherokees to acquire un- 
disputed title to their lands were at last realized. Their boundaries were def- 
initely established; they were in a national existence, holding their lands in 
community or in common, living under laws of their own making- executed 
by their own officers without outside interference, living under the protection 
of the Government of Texas with one or more agents among them. 

Without doubt, the main issue between them and the Spanish and Mex- 
ican authorities was that the Cherokees desired their lands in common, which 
was their method in the United States, while this policy was unknown to the 
two regimes mentioned and contrary to the Caucasian method of conveying 
title. However, their settled claims were held in abeyance until finally settl- 
ed under the terms of the "Solemn Declaration" of November I 3, 1835 and 
the foregoing treaty. 

Immediately following the submission of the treaty and report, General 
Sam Houston repaired to and took command of the army on March 1 1, 1836. 

On March 1, the convention assembled and adopted the Declaration of 
Independence of Texas. On the following day, same was signed by the fifty- 
two members present; later six others appeared and signed, making the total 
fifty-eight. The arrival of Provisional Governor Smith, the Lieutenant Gov- 
ernor and the remnant of the Council and the submission of the following re- 
port by the Provisional Governor, marked the closing of the Provisional Gov- 
ernment and the institution of a new order: 

"To the President and Members of the Convention of the People of 

"Gentlemen: Called to the gubernational chair by your suffrages at the 
last Convention, I deem it a duty to lay before your honorable body a view, 
or outline of what has transpired since your last meeting, respecting the pro- 
gress and administration of the government placed under my charge, as creat- 
ed and contemplated by the organic law. 

"The Council, which was created to co-operate with me as the devisors 
of ways and means, having complied with all the duties assigned to them, 
by the third article of the Organic Law, was adjourned on the 9th of Jan- 
uary last, until the 1st of the present month. 

"The agents appointed by your body, to the United States, to contract 
a loan and perform the duties of agents generally, have been dispatched and 
are now actively employed in the discharge of their functions, in conformity 
with their instructions: and, while at the City of New Orleans, contracted a 
loan under certain stipulations, which together with their correspondence on 
that subject, are herewith submitted for your information 

" _- Gen. Houston, Col. John Forbes and Dr. Cam- 
eron were commissioned on the part of this government to treat with the 
Cherokee Indians and their associate bands, in conformity with the Declara- 
tion of the Convention in November last, who have performed their labors as 
far as circumstances would permit, which is also submitted to the considera- 


tion of your bodv. Our naval preparations are in a state of forwardness. The 
schooners of war, Liberty and Invincible, have been placed under the com- 
mand of efficient officers and are now on duty, and the schooners of war, In- 
dependence and Brutus, are daily expected on our coast from New Orleans, 
which will fill out our navy as contemplated by law. Our agents have also 
made arrangements for a steamboat, which may soon be expected, calculated 
to run between New Orleans and our seaports, and operate as circumstance-, 
shall direct. Arrangements have been made by law for the organization of 
the militia; but, with very few exceptions, returns have not been made as was 
contemplated, so that the plan resorted to seems to have proved ineffectual. 

"The military department has been but partially organized- and for want 
of means, in a pecuniary point of view, the recruiting service has not pro- 
gressed to any great extent, nor can it he expected ,until that embarassment 
can be removed. 

"Our volunteer army uf the frontier has been kept under continual ex- 
citement and thrown into confusion owing to the improvident acts of the 
General Council by the infringements upon the prerogatives of the Command- 
er-in-chief, by passing resolutions, ordinances, and making appointments, etc., 
which in their practical effect, were calculated in an eminent degree, to thwart 
everything like systematic organization in that department. 

"The offices of auditor and controller of public accounts have some 
time since been created and filled, but what amount of claims have been pass- 
ed against the government, 1 am not advised, as no report has yet been made 
to my office ;but of one thing 1 am certain, that many claims have been pass- 
ed for which the government, in justice, should not be bound or chargeable. 
The General Council has tenaciously held on to a controlling power over the 
offices, and forced accounts through them contrary to justice and good faith, 
and for which evil I have never yet been able to find a remedy; and if such 
a state of things shall be continued long, the public debt will soon be in- 
creased to an amount beyond all reasonable conception. 

"With a fervent and anxious desire that your deliberations may be fraught 
with that unity of feeling and harmony of action so desirable and necessary 
to quiet and settle the disturbed and distracted interests of the country, and 
that your final conclusions may answer the full expectations of the people at 
home and abroad, 

"I subscribe myself with sentiments of the highest regard and considera- 

Your obedient servant, 

Henry Smith, 

Marcii 1, 1SS6. 

"Executive Department- Washington, 
March 2nd, 1836. 
Fellow-Citizens of Texas: 

"The enemy are upon us. A strong force surrounds the walls of the 
Alamo, and threatens the garrison with the sword. Our country imperious- 


ly demands the service of every patriotic arm, and longer to continue in a state 
of apathy will be criminal. Citizens nf Texas, descendants of Washin^^on, 
awake! Arouse yourselves! 

"The question is now to he decided, are we now to continue free men. 
or bow beneath the rod of military despotism? Shall we, without a struggle, 
sacrifice our fortunes- our liberties and our lives, or shall we imitate the ex- 
ample of our forefathers and hurl destruction on the heads of our oppressors? 
The eyes of the world are upon us. All friends of liberty and the rights of 
men are anxious spectators of our conflict, or are enlisted in our cause. Shall 
we disappoint their hopes and expectations? No! Let us at once fly to arms- 
march to the battle-field, meet the foe, and give renewed evidence to the 
world that the arms of freemen, uplifted in defense of liberty are right, are 
irresistible. Now is the day and now is the hour, when Texas expects every 
man to do his duty. Let us show ourselves worthy to be free, and we shall be 

"Henry Smith, 


Lacking a quorum, the Council met frum day to day only to adjourn, 
on the 11th, General Thos. J. Rusk of Nacogdoches introduced resolutions in 
the plenary convention, relieving the Governor and Council of the duties con- 
ferred upon them by the Consultation of November 3-14. 1835. It now 
became the duty of the convention to institute a new government. 

The convention proceeded with utmost decorum until I6th when by 
special enactment a government ad interim was created for the republic until 
a regular government could be provided for. The ad interim government 
consisted of a President, Vice President and Cabinet. The President was 
clothed with all but dictatorial powers. On the I7th, a constitution for the 
republic was adopted and later submitted to the people for ratification or re- 
jection. The convention elected the first President and Vice President. 

The last day of the session fell upon March 18, 1836. The government 
ad interim elected as officers David G. Burnet, President, and for Vice Pres- 
ident, Lorenzo de Zavala, the Mexican who espoused the cause of Texas. A 
full complement of officers was elected , including the re-election of Sam Hous- 
ton, as Commander-in-chief. The labors of the convention ended on the iSth- 
and on the 2 1st. moved to Harrisburg. Its members thereupon dispersed. 
Some joined the army while others made haste to reunite with their families 
to remove them to places of safety. 

At the head of the Texas armv stationed at Gonzales, General Houston 
wrote the following letter to Colonel Bowl, Chief of the Cherokee Nation. 
under date April 13. 1836: 
"My Friend Col. Bowl: 

I am busy and will onlv say, how da do, to you! You will get your land 
as it was promised in our treatv, and you, and all my Red brothers, may rest 
satisfied that 1 will always hold you by the hand, and look to you as Brothers 
and treat you as such! 

"You must give mv best compliments to my sister, and tell her that I 


have not worn out the moccasins which she made me; and 1 hope to see her 
and you and all my relatives, before they are worn out. 

"Our army are all well, and in good spirits. In a little fight the other 
day several of the Mexicans were killed and none of our men hurt. Then- 
are not many of the enemy in the country, and one of our ships took one 
of the enemy's and took 300 barrels of flour, 250 kegs of powder and much 
property — and sunk a big warship of the enemy, which had many guns." 

The struggle for Texas Independence culminated in the Battle of San 
Jacinto on April 21st, 1836. With 783 Texans against the army of Mexico, 
commanded by the President and Dictator, Santa Anna with upwards of 1500 
men. General Houston gained a decisive victory, capturing the President and 
dispersing his army. 

While these things were transpiring, the Cherokees were living in quiet 
and peace on their land in East Texas where they had been domiciled for 
upwards of seventeen years. True to form, they had been reported to the Pro- 
the Treaty of February 23, 1836. This treaty had been reported to the Pro- 
visional Government ,as per instructions, on February 29th, 1836 by Gen- 
eral Houston and John Forbes the commissioners. On March the 11th. the 
Governor Council surrendered all the official documents to the Convention. 
This treaty and report without doubt were among them. If the government 
did not avail itself of this opportunity to ratify the treaty as was doubtless 
the purpose of the Consultation, there appears to be no record of it. How- 
ever, the Texas Government and army were in a precarious state. The for- 
mer was moved from place to place for convenience as well as safety, while 
the army was continually on the march eluding the strong Mexican arm}', 
headed by its President, was in pursuit. 

The Neutrality, on the part of the Cherokees was sought and obtained 
at the outset. This was very essential at this stage of ail'airs. and if it was 
ever the intention of the government to fail or refuse to ratify the treaty this 
could not be hazarded at this time. 

Under the provisions of the constitution, the government ad interim pass- 
ed out of existence. An election was held the first Monday in September, 
1836 for the purpose of electing a full set of officers. Sam Houston was 
chosen the first President of the New Republic, while Mirabeau B. Lamar was 
elected as Vice President. On October 2nd, they were inducted into office 
at Columbus, the seat of government. 

In December, 1836, the Cherokee Treaty was forwarded to the Senate 
for consideration. President Houston commenting in part, as follows: 

In considering this treaty you will doubtless bear in 

mind the very great necessity in conciliating the different tribes of Indians 
who inhabit portions of our country almost in the center of our settlements 
as well as those who extend along our border." 

No action was taken at this session. At the next session a committee 
was appointed to investigate the report. A report was made October 12, 
1837, about ten months after its first submission to the senate, as follows: 

"Resolved by the Senate of the Republic of Texas that they disapprove 
and utterly refuse to ratify the Treaty or any article thereof, concluded by 


Sam Houston and John Forbes on the 23rd day of February, 1836, be- 
tween the Provisional Gov (ernment) of Texas of the one part and the 
"Head Chiefs," Head Men and warriors of the Cherokees on the other part 
Inasmuch as that said treaty was based on false promises that did not exist 
and that the operation of it would not only be detrimental to the interests of 
the Republic but would also be a violation of the vested rights of many citi- 
zens " 

During his tenure of office as first President- General Houston made no 
further attempt to secure its ratification by the Senate. That the failure of 
the Texas Government to ratify rendered it invalid cannot be accepted as jus!. 
In summarizing, it will be seen that the provisions for its making were in- 
stituted and carried into effect by the Provisional Government. The same 
was reported to the Governor and Council and lay dormant during the ex- 
istence of the government ad interim, but was finally resurrected and placed 
before the Senate in December, 1836. No action was taken until October 
12th. 1837, only to be rejected primarily on the grounds that the treaty 
"was based on promises that did not exist." This took place during the fourth 
government of the country- while during the first it was necessary, under the 
then existing conditions, that the Cherokees be treated with and in the language 
of Provisional Governor Smith, "the commissioners would go specially in- 
structed, so that no wrong could be committed, etc. " If the 

"premises did not exist" it certainly must have been presumptuous for the 
government, at its very incipiency, to so assume an act. The "Solemn Dec- 
laration" was published to the world by the Consultation unsolicited by the 
Cherokees. The treaty commissioners appeared unheralded at the village 
of Bowles. Houston remarked in his report, "The state of excitement in 
which the Indians were first found by your Commissioners rendered it im- 
possible to commence negotiations with them, etc. " 

The "Solemn Declaration had been passed, adopted and signed by all 
of its fifty-four members unsolicited and unbeknown to them. The treaty 
negotiations were held and concluded on Cherokee soil. That the treaty 
should have received ratification seems to be the chief argument, especially 
for the present-d-iy writers to expostulate in endeavoring to justifiy Texps 
for the expulsion of 1839. 

In urging the Council to appoint Commissioners to treat with the Chero- 
kees in conformity to the acts of the Consultation, Provisional Governor, 
Henry Smith said: "I can see no difficulty which can reasonably occur in 
the appointment of the proper agents on our part, having so many examples 
and precedents before us. The United States have universally sent their 
most distinguished military officers, etc. " 

Very little had transpired in the eastern portion of Texas to disturb the 
tranquility of the Cherokees with the possible exception of Cordova, a Mex- 
ican military officer, who attempted to stir up a rebellion against Texas aii- 
thoritv. Emissaries Miracle and Flores had been apprehended, and on their 
person were found dispatches for Mexico City, to the Cherokee authorities, 
soliciting their aid in a war to recover Texas. If these dispatches ever reach- 
ed their^ destination, there is no record of it. Suffice to say- if they did, they 


fell upon deaf ears, because the Cherokees did not attempt to espouse their 
cause. After a battle with the Kickapoos, General Rusk discovered the dead 
body of a Cherokee upon the battle-tield and complained to Chief Bowles. 
The Chief answered his attempt to place any blame on his people by pointing 
out that the individual was a renegade member of his tribe and that whatever 
his acts, did not render them a national aftair. 

Notwithstanding, that, under Article Five of the treaty, the Texas Gov- 
ernment bound itself "to prevent in future all persons from intruding within 
the said bounds." and that such treaty was made in conformity to the "Sol- 
emn Declaration," members of the Killough and Wilhouse families were al- 
leged to have met death at the hands of unknown persons within the bounds 
of the Cherokee Nation. Col. Bowles immediately ordered the bodies deliv- 
ered to the settlements without Cherokee territory, explaining that roving 
bands of prairie Indians were responsible for the deeds. The efforts of the 
Mexican representatives to procure the aid of the Cherokees and the murder 
of members of the Killough and Wilhouse families seem to constitute the en- 
tire grounds on the part of the Texas Government to remove them from 
their homes so long occupied but no legal cognizance was taken of them — 
long before any Americans touched Texas soil in quest of a home where peace 
and happiness might be their lot. 

She had obligated herself to perfect a survey of Cherokee territory. To 
carry this into effect. President Houston, in the latter part of 1838, ordered 
Alexander Horton to make such survey. The south side, which is marked 
by the San Aantonio road, was run, but it does not appear any further effort 
was made on the part of the government to complete the survey. However, 
suffice it to say the three remaining sides are natural demarcation, namely — 
The Angelina, Neches and Trinity rivers. 

On October 27th, 1838, Col. Bowles wrote Horton, which is indicative 
of his attitude towards Texas, as follows: 
"JVlr. Horton: 

Dear Sir: I have accomplished my desire in raising my men for to 
guard and aid you while you are running the line. Insomuch I understand 
that some of the white people are against it, 1 am sorry to hear that for we 
wish to do right ourselves and we hoped that white people wanted to do the 
same. As for your disputes among yourselves, I have ordered my men to 
have nothing to do with it. My express orders to my men are to guard you 
and your property from the enemy. 

"1 hope that you will be particular with us in consequence of us not 
understanding your tongue and also we will pay that respect to vou. I hope 
you will let us know when you need us and where and I will be' at vour ser- 

"I will detain Gayen till I get a line from you as he may read our writ- 

I have twenty-five volunteers to send you. 
So nothing more. 

Only your friend. 



Under the wise and able guidance of President Houston, tlie govern- 
ment under the new republic was a complete success. Order had been re- 
stored within her boundaries- the national debt reduced and. in the main, had 
well taken her place among the sovereign nations of the earth. 

Immediately upon the induction of the second administration under 
President Mirabeau B. Lamar into power, the policy of exterminating all the 
Indians in Texas was adopted and closely adhered to as will be seen. Lamar 
had been private secretary to Governor Troupe of Georgia, during whose 
administration the Cherokees were forced to abandon the homes occupied 
by them from time immemorial and seek a place of abode in the wilderness 
west of the Father of Waters. 

Pretext after pretext was sought in order to lind some excuse for 
the sin the government was about to commit upon an innocent people. 
The act of Cordova appears to have been distorted into the long wished for 
pretext. This incident was the chance for the Secretary of War to give vent 
to his feelings against the Cherokees and to further put into elTect the policy 
of extermination. His letter of April 10. 183 8, to Col. Bowl, follows: 

"The President grants peace to them but is not deceived. They will be 
permitted to cultivate undisturbed as long as they manifest by their forbear- 
ance from all aggressive acts and their friendly conduct the sincerity of their 
professions or until Congress shall adopt such measures in reference to them as 
in their wisdom they may deem proper. With a clear view of all matters con- 
nected with their feeling and interests it should not surprise the Cherokees to 
learn that such measures are in progress under the orders of the President 
as will render abortive any attempt to again disturb the quiet of the frontier 
nor need it be any cause of alarm to those who intend to act in good faith. 
All intercourse between the friendly Indians and those at war with Texas must 
cease. The President directs that you will cause the contents of this com- 
munication to be made known to all" the chiefs who were present at the coun- 

A dark and threateninng cloud began to gather and envelop the skies. 
This portended the great destructive conflagration that was to sweep over 
the band of the unoffending Cherokees. Major B. C. Waters, early in April 
1839. was ordered to construct a military post on the Great Saline within the 
limits of the Cherokee Nation. Col. Bowles mobilized his forces and ordered 
Major Waters to retire from Cherokee soil, which he did, considering his 
forces inadequate to cope with his adversaries. This act of Chief Bowles in 
protecting his domains from intrusion, aroused the ire of President Lemar. 
He wrote Col. Bowles as follows: 

"You assume to be acting under a treaty negotiated at your village on 
the twenty-third day of February. 1836. with Commissioners appointed by the 
Provisional Government of Texas" 

He concluded: "I, therefore, teel it my duty as the Chief Magistrate of 
this Republic, to tell you in plain language of sincerity that the Cherokees 
will never be permitted to establish a permanent and independent jurisdic- 
tion in the limits of this government— that the political and fee srniple clamis 


which they set up to our territory now occupied by them will never be al- 
lowed — and they are permitted to remain where they are only because this 
government is looking- forward to the time when some peaceable arrange- 
ment can be made for the removal without the necessity of shedding blood; 
but that their final removal is contemplated is certain and that it will be 
friendly negotiating, or by violence of war. must depend on the Cherokees 

If the Mexican government desired to place on foot plans for the re- 
covery of Texas is not a matter of speculation or discussion here. Whether 
or not they desired the assistance of the Cherokees and other tribes of In- 
dians is not a matter material. There is no evidence that these Indians es- 
poused the Mexican cause or made the slightest elfort in that direction while 
on the other hand, indications are that they were heartily in accord with the 
Texan authorities. If the Texans. Mexicans or other tribes of Indians de- 
sired to trade or carry on intercourse, there was nothing in the treaty with 
Texas, the "Solemn Declaration," or in their own laws or regulations to pre- 
vent it. The main point is. did the Cherokee government actually commit 
any overt acts of war?' Then did the attempts of the Mexican emissaries to 
gain their support in a war against Texas, constitute cause sufficient for the 
Texan Government to conclude that a state of war existed between the 
Cherokee Nation and the Republic of Texas? 

Let us pause for a minute and indulge in a retroactive glance into the 
past. On the first Monday in September, 1838, Mirabeau B. Lamar was 
elected the second President of the Republic. During the years 1831-32 
when the celebrated cases of the Cherokee Nation vs. Georgia and Worcester 
vs. Georgia were tried in the Supreme Court of the United States, this same 
Lamar was private secretary to Governor Troupe of that state. To say that 
the acts referred to were oppressive and unconscionable is not exaggeration 
to say the least. Why Lamar left Georgia is not known but on his entrance 
into Texas, he found a well organized state there, governed by a portion ot 
the same people he knew years before in Georgia, enjoying the confidence 
of the constituted authorities and wielding a large influence over surrounding 
tribes. His antipathy toward them must have been well matured and reached 
the point of overflow. That his policy of the complete extermination of the 
Indians within Texan borders was well known and "that the boundaries of 
this Republic shall be marked by the sword" was carried out according to 
schedule as we shall see. 

To further the well established policy of his chief, on May 3oth, 1839. 
the acting Secretary of State addressed the following letters to the Texan 
Mnnster at Washington: 

"Department of State. 

Houston. Mav 30. 1839. 
Hon. Richard G. Dunlap. 

_ Sir: I am requested by the President to transmit you the accompany- 
mg documents, marked as in the subjoined schedule, which were recently 
captured from a party of Mexicans as you will find detailed in the copy of 
report of Col. Burleson, Secretary of War. 


"This government has long been hi possession of testimony sullicient 
to justify them in adopting the most summary and imperative measures to- 
wards the Cherokees and other bands of northern Indians, resident in Texas. 
Their unauthorized emigration and protracted stay in our country has al- 
ways been a source of disquietude and anxiety to the civilized population and 
their removal has long been desired. But the President, actuated by feel- 
mgs of humanity towards a people who have been too much accustomed to 
profit by and abuse similar indulgence, has been unwilling to resort to force 
to procure their expulsion, while a hope could be entertained that their with- 
drawal might be effected by peaceable means. That hope has been founded 
on the application heretofore made to the Government of the United States 
relative to this interesting subject. Those applications appear to have been 
ineflectual thus far. while the humane forbearance on the part of this govern- 
ment toward these intruding Indians, has been productive of many disasters 
to our frontier settlements, and if longer continued might result in irreparable 
injury to Texas. The most enduring patience may be exhausted and must 
yield to the duty of self-preservation, when its exercise evidently gives en- 
couragement and aggravation to the hostile spirit of the offenders. Such is 
our present condition relative to these immigrant savages; and the President 
has resolved to put an end to the repeated aggressions of the Cherokees by 
compelling their departure from our territory. You are at liberty to make 
known this fact to the government at Washington, and to request that such 
measures may be seasonably adopted by the government, as will fulfill the 
provisions of the 33rd article of the treaty entered into between the United 
States and Mexico on the 5th of April, 1831, and will effectually prevent the 
return of these savages to our territory. 

"Our rights to eject these Indians can scarcely enter into your corres- 
pondence with the government of the United States; but should it be incidently 
alluded to, you will find it clearly suggested in the letter of Mr. Forsythe to 
Mr. Castilloj Charge de Affairs from Mexico which is transcribed in dispatch 
No. 42 from your predecessor to this department. 

"You will not however solicit an elaborate discussion on this sultject or 
any other connected with the obligations of the United States and Mexico; 
for a protracted discussion is seldom desirable and may be productive of in- 
conveniences, if not of ill-feeling between parties, which we would very sed- 
ulously avoid. 

"The President conceives that the government of the United States has 
frankly and justly acknowledged the rights of Texas to the benefits of that 
treaty, especially' in reference to the 33d— article which has a direct terri- 
torial relation to this Republic as now organized; and he cannot imagine that 
any objection will be raised or difficulty occur on that ground. You will 
therefore confine vour communications, unless constrained to take a wider 
range, to the fact of the intended expulsion of the Cherokees and such other 
of the immigrant bands as may prove to have been or may hereafter be 
implicated in^ the late atrocious attempt on the part of the Mexican authori- 
ties to employ the Indians of the United States in desolating our frontiers. 


These machinations have been known to us for some time, but are now so 
rully developed in relation to the Cherokees that longer forbearance towards 
them is utterly inconsistent with the first duties of this government. If, 
in the progress of your correspondence it shall be assumed as has been sug- 
gested by the Charge de Affaires here, that the government of the United 
States is not bound to receive or to restrain those Indians and the ill-advised 
treaty partially made with them on the 23d day of February, 1836, by Com- 
missioners appointed by the late Provisional Government of Texas, be al- 
leged in support of this position, you can present conclusive refutation of 
that assumption in the fact that pretended treaty has never been ratified by 
any competent authority on the part of Texas. On the contrary, when it was 
first submitted to the Senate of the Republic, which was the only power to 
confirm it, it was rejected by a decisive vote of that body; and no subse- 
quent action of the government has been had upon it. Indeed should this 
matter be pressed upon in such terms as to indicate a_ determination on the 
part of the government at Washington to avail itself of that treaty, as ab- 
solving it from all obligations touching these Indians (which can hardly be 
possible) you can further disclaim the validity of the treaty on the ground 
that the Provisional Government itself under whose authority the treaty pur- 
ports to have been made, was acting without the sphere of any legitimate 
power and could not in any matter so extraneous to the avowed purpose of 
its creation as the alienation of a large and valuable portion of territory 
impose any moral or political obligations upon the independence and separate 
government of Texas. You will recollect that the Provisional Government 
passed its brief existence anterior to the Declaration of Independence and 
was organized under the Mexican Federal Constitution of 1824 — that although 
its organization was in direct violation of that Constitution, and may be con- 
sidered as partially revolutionary, its assumptions of power were no more ob- 
ligatory upon the independent government of Texas than they would have 
been on the Federal Government of Mexico had that government been re- 
stored and Texas returned to her previous attitude. By the very constitution 
of that government, Texas, as such, was incompetent to make treaties. Slie 
was but a department of the confederate state of Coahuila and Texas, and 
in her conjunction state capacity was also precluded from entering into 
treaties with foreign powers. I suggest this as an ultimate plan of argument 
to be pursued but not to be restored to except in case of strict necessity. 
You are aware that the lines designated in the treaty were run by Col. 
Alex Morton some time in the fall of last year at the instance of General 
Houston, who was then exercising the functions of this government. This 
fact, too, may be adduced against you; but you will find no great difficulty 
of diverting it of any serious consideration by suggesting that the act of Col. 
Horton was without authority, the President having no right to carry a treaty 
into effect anterior to or independent of the action of the Senate on such 
treaty. In this instance the assumed right was exercised in direct contra- 
diction to the adivce of the senate and every act so done was an absolute 
nullity, and could impose no legal or moral obligation on this government. 
Should the government of the United States decline to render you any satis- 


factory assurance concerning the future return to our territor)- of the Chero- 
kees now about to be ejected from it> this government will be compelled to 
resort to its own energies; and a protracted war may ensue between Texas and 
the northern Indians within her borders. We should greatly deprecate such 
an event- for it cannot escape an ordinary discernment that it would be more 
than likely to enlist a portion of the original tribes from whom these intrud- 
ing bands have been recently removed to the west of the Mississippi by the 
Government of the United States. It is also more than probable that such 
a contest would involve the Government of the United States in an Indian 
war of greater magnitude than any they have heretofore sustained. 

"It is not intended to impute error to that government in the congre- 
gating of so many (sic) tribes of savages on their remote western frontier, 
for they did so in the exercise of indisputable right. But while we fully ac- 
knowledge the abstract right, we cannot but perceive and deeply regret that 
its practical operation has been already eminently injurious to Texas and 
may possibly inflict still more serious evils upon her. The migration of 
several bands of these very tribes, to our territory was a direct and natural 
consequence of their removal from their ancient habitations and their loca- 
tion in our vicinity by that government. We entertain too profound a con- 
fidence in the magnanimity of the government of our fatherland to believe 
for a moment that they still omit to give to this fact all the consideration 
that an enlightened sense of propriety could suggest; or that they fail to find 
in it, additional reasons for observance of the treaty of 5th of April. 1831, 
heretofore referred to. No government to act on the beneficient principles 
of Christianity will permit itself to prosecute a course of domestic policy, 
the evident tendency of which is destructive of the peace and happiness of 
a neighboring nation. It will either abandon the policy or should its con- 
tinuance be of paramount importance to its own well-being, it will so modify 
and restrain its pernicious results that the neighboring people may suffer no 
serious detriment from it. In previous instructions from this government 
you will find the Coshatties and the Biloxies mentioned in connection with the 
bherokees and other northern tribes. These bands have been too long resi- 
dents in Texas ( I believe they emigrated from the Creeks during the Ameri- 
can Revolution) to be included in the list of intruders from the United States. 
You will not, therefore, press them upon the attention of that government in 
your future correspondence. The Cherokees, Kickapoos, Delawares, Potta- 
wotomies, Shawnees and Caddoes are the bands that have recently entered 
our territory, and of whom we complain. The Cherokees. Kickapoos and 
Caddoes are the most numerous and most obnoxious of these, and it is their 
recall by the United States which we most ardently desire, and to which we 

are clearly entitled. The President is quite indisposed, but I trust will 

be about again in a few days. 

Very Respectfully. 

1 have the honor to be, 
You Obedient Servant, 
David G. Burnet. 

Actinjr Secretary of State." 


In order to clarify statements indulged in by the high state otiicials 
of the Republic in the foregoing, it is but proper to re-iterate that the first 
authentic record of Cherokee emigration to Texas was during the winter of 
1819-20. The first American, Moses Austin, first saw that country fully ten 
months afterwards, appearing at San Antonio de Bexar, December 23rd, 
1820. Before succeeding in perfecting plans to procure empresario con- 
tracts for lands on which to make settlements, death over-took him on June 
10th. 182 1, while enroute home. His dying injunction was that his son. 
Stephen F. Austin, proceed with the carrying out of his colonization schemes. 
Under him, the first white or American settlement was made on New Years 
Creek, in what is now Washington County, January 1, 1822. The Chero- 
kees permanently settled near Nacogdoches about two years before this first 
American settlement was started. 

These "intruding Indians" were hospitably received by the Spanish au- 
thorities and were later happily domiciled under the newly instituted Mexican 
government, which made them full-fledged citizens. 

The statements so oft repeated that the Cherokees were "intruders", 
and their unwarranted long-stay cannot be founded upon facts, if the legal 
and historical documents of the country can be taken for true. These, found- 
ed upon anything other than truth and justice, cannot be successful in hood- 
winking public opinion in the face of indisputable facts. And the term 
"savages" may best be disposed of by drawing the mantle of charity over 
the unsettled conditions of the country; that the Republic was no longer in 
danger of being molested by her civilized Indians within her borders and the 
Republic of Mexico. The time was ripe, judging from the trend of events, to 
disposess them of the lands to which they had vested rights and repudiate 
their own "Solemn Declaration" and Treaty. 

Much stress has been placed on the 33rd Article of the Treaty of April 
5, 1831, between the United States of America and the United Mexican 
States. / 

At the time of the formation of this treaty, the Cherokees were peace- 
ably located on their domains. They were full-fledged Mexican citizens and 
enjoying all the privileges thereto attached. 

The following is an account of the Expulsion by Henderson Yoakum. 
Judge Yoakum was a citizen of Texas, an able lawyer, and in every way a 
competent judge of all the circumstances surrounding the transaction. His 
"History of Texas" quotes verbatim the account, which is found on pages 
263-271 Vol 11-1856. 

"The treachery of Cordova and the warlike demonstrations of the 
Indians in Eastern Texas in 1838, are already before the reader, and their 
causes known. The president in his message of the 21st of December, 1838, 
assumed the position that the immigrant Indian tribes had no legal or 
equitable claim to any portion of the territory included within the limits of 
Texas; that the federal government of Mexico neither conceded nor promised 
them lands or civil rights; that it was not necessary to inquire into the nature 
and extent of the pledge given to the Cherokees by the Consultation of 1835 


and the Treaty of February. 1830, consequent upon it. for the Treaty was 
never ratitied by any competent authority. 

In 1822, long before any colonist had settled in Eastern Texas, or any 
colony contract had been made for that section, the Cherokees immigrated to 
Texas. They established a village North of Nacogdoches — the town at that 
time being a waste, lately swept by the forces of Long and Perez. 

For fourteen years the Cheroicees had occupied this hind, holding it in 
quiet and undisputed possession. They were not intruders on the whites, for 
they were there first. The Mexican authorities recognized them as an agri- 
cultural tribe, with Mexican privileges and Colonel Bean was official agent 
for them, in common with other tribes. No voice had been raised against 
their title. It was deemed by all both legal and equitable. To give weight 
and dignity to this title, the Consultation of November, 1835, at a time 
when Texas was weak; when a heavy cloud hung over her hopes and her 
liberties were suspended upon a most unequal and most unjust war, made a 
very solemn pledge to these Indians, acknowledging their just claim to the 
lands, setting forth the boundaries thereof, and saying further: 

"We solemnly declare that we will guarantee to them the peaceable en- 
joyment of their rights to their lands, as we do our own. We solemnly de- 
clare that all grants, surveys, or locations of lands, within the bounds here- 
inbefore mentioned, made after the settlement of the said Indians, are, and 
of right ought to be, utterly null and void." 

On the other hand, it was impossible that the Indians should have an 
independent government within that of Texas. They must necessarily come 
under the Texan laws as citizens. The great object of many was to gee 
their lands, for they were located in a fine and desirable country. The Texas 
were the first violators of the pledge of 1835. The ink was scarcely dry on 
the paper when locators and surveyors were seen in their forests; and this, 
too, notwithstanding the Consultation, by the decree of November 13, 1835- 
had ordered such locations and surveys to cease all over Texas. 

"But it is useless to dwell further upon the subject. The Cherokecr, 
were charged with the plunder and murder of many of the inhabitants re- 
siding among them and in their vicinity. The Killough family were cruelly 
massacred; only three or four escaped, and they were brought into the settle- 
ments by the Cherokees, who by their "cunning representations", says the 
secretary of war, charged these acts upon the prairie Indians, and the treacher- 
ous Mexicans. To prevent such occurrences. Major Waters had been ordered 
with two companies to occupy the Neches Saline, not only to watch the 
Cherokees, but to cut off their intercourse with the Indians of the prairies. 
Fowles, the Cherokee Chief, notified Major Waters that he would repel by 
force such occupation of the Saline. As the Major's force was too small to 
carry out his orders, he established his post on the west bank of the Neches, 
out of the Cherokee Territory. 

Colonel Burleson, who was then collecting a force on the Colorado to 
operate against other Indians, was directed to march his troops lower down, 
so as to be ready on the shortest notice to enter the Cherokee territory. In 
the meantime government came into possession of the papers of Manuel 


Flores, including those to the Chiefs of the Cherokees. On their reception, 
Burleson was ordered to increase his force to 400 men and march into the 
Cherokee Nation. He reached the east bank of the Neches on the 14th day 
of July and about the same time Colonel Landrum's regiment from Eastern 
Texas arrived there. The Nacogdoches regiment under General Rusk had 
arrived some days before and taken position near the Cherokee village. The 
entire force was placed under the command of Brigadier General Douglas. 
Commissioners had, for some days, been in conference with the Cherokees 
to effect, if possible, their peaceful removal. The Commissioners otf'ered to 
pay them for their Improvements, but we have no information that any otfer 
was made for the lands. The Indians were required to surrender their gun- 
locks and remove to their brethren in Arkansas. At noon, on the l5th of 
July, all further attempts to make a treaty were abandoned and General 
Douglas was directed to put his troops in motion. The council ground was 
about five miles below the Indian camp. When the Texans arrived there, 
the Cherokees had retreated about seven miles farther up the river. They 
pursued and a company of spies, which first came into sight of them, was fired 
on. The Indians deployed their forces on the point of a hill, having a ravine 
and thicket on the left. General Rusk motioned to them to come on; they 
advanced and fired four or live times, and immediately occupied the ravine 
and thicket on the left. The main body of Texans coming up in the open 
prairie now formed, and the action became general. The Texans charged 
the ravine and advanced up from the left. A portion of the Indians, who 
were attempting to approach the troops on the left flank, were repulsed. The 
Cherokees fled when the charge was made, leaving eighteen dead on the 
ground. The Texans had three killed and five wounded. The engagement 
commenced a little before sunset and the pursuit ended at night. 

On the morning of the l6th, the troops proceeded on the trail made by 
the Indians the night previous. In the forenoon, they were found strongly 
posted in a ravine half a mile from the Neches. and seemed eager for a fight. 
While the Texan advance was dismounting, the Indians commenced the action, 
killing several horses and one man before their opponents could form, but 
they were soon driven by the advance into the ravine. The Indians were pro- 
tected by a ravine and a thicket in the rear, while the Texans had to advance 
upon them through an open wood and down a hill. The main body coming 
up was formed, and firing commenced at a distance of a hundred and fifty 
yards. The Texans kept advancing and firing until within fifty yards of the 
ravine, when upon a signal, they charged. When they reached the ravine, 
th Indians fled and retreated into the dense thicket and swamp of the Neches 
bottom. The charge was gallantly continued into the swamp, but the enemy 
made no stand. Thus ended the conflict of the l6th. It lasted an hour and 
a half and was well contested by the Indians. The Texans lost five killed 
and twenty-seven wounded. The loss of the Cherokees was probably a 
hundred killed and wounded, and among the former was their distinguished 
Chief Bowles. In the official report of the action he was styled "the long- 
dreaded Mexican ally, Colonel Bowles". 

The trail of the retreating Cherokees was followed for some days. S'ev- 


eral Indian villages were passed, their extensive corn fields cut down and 
houses burned. On the evening of the 25th, further pursuit being useless, 
the secretary of war, who accompanied the expedition, directed the \roops to 
be marched to their homes and mustered out of service. "For eighteen 
months afterward", says an ollicer in the engagements, "the Indians came 
back in small parties, and conmiitted fearful depredations upon the lives and 
property of the people on the frontiers". 

In the march of General Douglas, he passed the villages of nearly all 
the civilized Indians. He says_, "the Cherokees, Delawares, Shawnees, Cad- 
oes, Kickapoos, Biloxies, and Cuchies had established during the past spring 
and summer many villages and cleared and planted extensive fields of corn, 
beans, peas, etc., preparing evidently for an efficient co-operation with the 
Mexicans in a war with this country". It was very natural to infer from 
these agricultural labors, that the Indians were preparing for a war against 
Texas; but neither their plans nor their crops were permitled to mature. He 
speaks also of the Indian territory through which he marched and says that 
in point of richness of soil and the beauty of situation, water and produc- 
tions, it would vie with the best portions of Texas". 

Thus the vexed question with regard to the civilized Indians was settled, 
and there could be no hindrance to surveyors or settlements on their fine 
lands. The previous administration had endeavored by treaties and presents 
to conciliate the frontier Indians; this had pursued a sterner policy. It had, 
in all conflicts, killed about three hundred warriors, leaving five thousand 
more all exasperated against Texas and ready to unite with her great enemy 
against her. 

Following the expulsion, the Cherokee National Council assembled at 
Fort Gibson, Indian Territory, and took action in reference to the Texas 
Cherokees as evidenced by the following letter written by M. Arbuckle, Com.- 
manding 2nd \V. Division of the United States Army: 

"Headquarters, 2nd W. Division 

Fort Gibson, April 28th, 1840. 
To His Excellency, 
Mirabeau B. Lamar, 

President of Texas, 
City of Austin. 
Sir: I was requested by a Cherokee Council assembled at this Post that the 
\\hole of their people now in Texas should immediately return to their nation 
and thereafter remain in their own Country. I have no doubt the Cherokee 
people are sincere in the wish they have expressed on the subject; and as 
many of their people that formerly lived in Texas have returned of late. 
they hope that the time is not distant when their wishes will be fully accom- 
plished. Under such circumstances they hope your government will not de- 
sire to detain any of their people in Texas. 

"With respect to the wishes of the Cherokee Nation in relation to some 
of their people now in Texas, I regard it proper to assure you, that if such cf 
them as mav be prisoners, are conveyed out of Texas in the direction of Fort 
Towson, that the commanding officers of that post will be instructed to issue 


such quantity of provisions to them as may be necessary to enable them to 
return to their nation. 

•i have the honor to be, sir, with great respect, 

Your obedient servant, 
JV\. Arbuckle, 
Brevet. Brigr. Gen. U. S. A." 

The Texan Secretary of War replied as follows: 

"War Department, 
City of Austin, 1 1th June, 1840. 
Brevt. Brigadier General, 

M. Arbuckle, U. S. A. 
Sir: You will please accept the thanks of His Excellency, the President, and 
of this Department for your communication of date Fort Gibson, April 2 8th, 

•'We have suffered and are still sutlering most serious injury from the 
intrusive advances of the Cherokee people, within the limits of our jurisdic- 
tion and territory. 

"The position in which we stand to the Cherokee people, within our 
limits is hostile; we should therefore be greatly pleased to see them returned 
to their legitirnate home, and again united with their own people in the United 

"The Cherokee prisoners have been dispatched to the post most con- 
venient to our command. An attempt to send them to Fort Towson would 
have been no less hazardous to them than their escort; our prisoners being 
exclusively women and children. 

"We trust that within thirty days from this date, they will be at Fori 
Jessup (La.). 

"I have the honor to be, with great respect. 

Your obt. sub. 
B. T. Archer, Secretary of War. 
By order of His Excellancy, 

The President." 

When the expulsion took place, General Houston was in the United 
States on business. On his return to Nacogdoches, he addressed the citizens 
in reference to same. On his first attempt to do so, he was met with hisses, 
catcalls and threats of violence. He at last succeeded in gaining an audience 
then he proceeded to charge Texas with bad faith on her part and that the 
expulsion and the killing of the Cherokees on the field of battle was unbe- 
coming a civilized and Christian nation. His commanding figure and elo- 
quence triumphed on this as well as on occasions formerly and afterwards. 
(Extract from a speech made by Senator Sam Houston, in the United States 
Senate, January 29-31, 1855). 

"1 can exemplify to some extent, an impression that 1 have when I con- 
trast war measures with peace measures. I well remember in 183 5, 1836. 
1837 and 1838, in Texas, we had peace. The Comanches would come dowii 
to the very seaboard in amity and friendship, would repose confidently in 
our dwellings, would receive some trifling presents and would return homo 


exulting, unless they were maltreated, or their chiefs received indignities. If 
they did receive such, they were sure to revisit that section of the country 
as soon as they went home and fall upon the innocent. For the years I 
have mentionedi in Texas, we had perfect peace, and, mark you, it did not 
cost the government over $10,000.00 a year. We had no standing army. 
A new administration came in and the Congress immediately appropriated 
51,500,000.00 for the creation of two regular regiments. Those regiments 
were raised. What was the consequence.' The policy had changed in the 
inauguration of the president. He announced the extermination of the In- 
dians. He marshalled his forces. He made incursions on a friendly tribe who 
lived in sight of our settlements where the arts of peace were cultivated and 
pursued by them — by agriculture and other arts, and by exchange and traffic 
of such productions of the soil as were convenient. They lived by traffic 
with Nacogdoches. The declaration was made, and it was announced by 
the cabinet that they would kill otf 'Houston's pet Indians'. Well, sir, they 
killed a very few of them, and my honorable colleague (Senator T. J. Rusk) 
knows very well, if it had not been for the volunteers they would have licked 
the regular army — and the Indians said: 'I was not there'. The Cherokees 
had been very friendly and when Texas was in consternation, and the men 
and women were fugitives from the myrmidons of Santa Anna, who were 
sweeping over Texas like a simoon, they had aided our people, and given 
them succor — and this was the recompense. They were driven from their 
homes and left desolate. They were driven up among the Comanches. 
What was the consequence? Every Indian on our borders from the Red 
River to the Rio Grande took the alarm. They learned that extermination 
was the cry, and hence it was that the flood of invasion came upon our fron- 
tiers and drenched them with blood. 

"The policy of extermination was pursued and a massacre of sixteen 
chiefs at San Antonio, who came in amity for a treaty, took place. This was 
in 1840. Before this army was raised they had been in the habit of coming 
down for purposes of peace and commerce. But an army of Indians 
marched through the settlements to the seaboard, one hundred or one hun- 
dred and fifty miles, undetected. I grant you, avoiding the dense settlements, 
went to Linville upon the tidewater, rifled the stores and slaughtered the 
men. If there were any. the women were treated with cruelty and their 
children's brains dashed out against the walls of the peaceful habitations. 
The exterminating policy brought it on. The country became involved in 
millions of debt, and the Indians were kept in constant irritation. That was 
in 1840 and it was not until the year 1843 that intercourse could be had 
with them through the pipe of peace, the wampum and the evidence ot 

On page 57, Volume 1 of his History of Van Zandt County, Texas. 
Wentworth Manning says: '^After the Cherokees had been driven out of 
East Texas, the fight opened up for the valuable lands formerly occupied by 
them. The reason for their expulsion became apparent among the pale 
faced contestants in a mad scramble of po.ssessing the territory from which 
they were dispossessed was fierce to the Echo." 


On page 549, Volume 1, John Henry Brown's History of TexaS; says: 
"The noble Travis, in command at San Antonio, increased his force to one 
hundred and fifty men and prepared by every means in his power to defend 
the place to the last. Governor Smith kept couriers in the saddlle dis- 
patching them to the coast. Nacogdoches. San Augustine and elsewhere, with 
messages urging the people to action. Houston (and Forbes under his in- 
structions) proceeded to treat with the powerful Cherokees and their allies 
and secure their neutrality — a matter of life and death importance at that 

No better evidence can be adduced as to the circumstances surrounding 
the Expulsion of 1839, than the testimony of Texan statesmen and writers 
quoted in the foregoing passages. No shadow of doubt can be cast upon the 
statements of the immortal Houston, Terrell, Yoakum, Brown and others of 
that day or of Wentworth Manning of Wills Point, Texas, of today. The 
government, with its regular and volunteer armies, was present on the battle 
field. The highest state official to the lowest military officer of the armies 
were present, directing the operations. No other than the renowned Albert 
Johnston of later Confederate fame, then the Texan Secretary of War was on 
the field, as well as the Vice President, David G. Burnet, of the Republic, 
acting president, instead of Lamar, who was absent in the United States. 

The Cherokee Nation was, up to the time of the conclusion of the Treaty 
of February 23, 1836 an integral part of the Republic of Mexico. When 
Texas threw oft'- the Mexican yoke and inaugurated an independent govern- 
ment under the Convention, termed the Consultation, the Cherokees remained 
a separate and independent government from Texas and by this "Solemn 
Declaration" they were so treated. 

As has been noted, this body provided for the appointment of Commis- 
sioners to negotiate a Treaty with them which was done on February 23, 
1836. By its tenjisT their allegiance v/as transferred to Texas whereby they 
became a quasi-independent nation, subject to and existing under the suzer- 
ainty of that government. 

The unwarranted expulsion of the Texas-Cherokees is one of the world 
tragedies. "The EPIC is yet to be written." 



Public School System Established. National Officials. Male and Female. 
Seminary Graduates. Eleemosynary Institutions. 

Prior to 1842 the educatioiuil interL'sts of the Cherokees was in the 
hands of the missionaries of the Moravian, Presbyterian, Methodist, Con- 
greg-ational and Baptist churches. The United Brethren or Moravians com- 
menced their missionarj' work among the Cherokees at Spring Place in 
Georgia in l8or. The American Board of Foreign Mission, maintained by 
the Presbyterian and Congregational churches entered the field at Brainard 
in I8I7-. The Baptists commenced their labors in the western part of North 
Carolina, during the same year' but soon allowed their work to lapse until 
1820 in which year Valley Town Mission was founded.' In 1824 the 
Methodists established their first mission in the Cherokee country. Some of 
the Cherokees most probably attended schools in neighboring provinces and 
states prior to 1800. Notably, Charles Hicks, a half breed, who as early as 
1808 was known to have had a splendid education.'' 

The idea of public and higher schools for the Cherokees was advocated 
and provided for by the treaty of 1835". The Cherokee negotiators in this 
treaty were: John Ridge, Ellas Boudinot, John West, Archilla Smith, Samuel 
W. Bell, William A. Davis and Ezekial West. 

Section six, article nine of the Cherokee constitution of 18 59 is as 
follows: "Religion, morality and knowledge, being necessary to good govern- 
ment, the preservation of liberty and the happiness of mankind, schools and 
the means of education, shall forever be encouraged in this Nation." Pur- 
suant to that idea the council enunciated, "Be it enacted by the National 
Council, That all facilities and means for the promotion of education, by 
the establishment of schools, and the diffusion of general intelligence among 
the people shall be afforded by legislation, commensurate with the importance 
of such objects, and the extent and condition of the public finances; and all 
schools which may be, and are now in operation in this Nation, shall be sub- 
ject to such supervision and control of the National Cuncil as may be pro- 

Section 2. Be it further enacted. Thai in future no missionary school 
or establishment shall be located or erected without permission first being ob- 
tained from the National Council for such purpose, and the place designated 
by law for the same, with such other general regulations as may be deemed 
necessary and proper, either as conducive to its particular usefulnes or con- 
formity to national rights and interest. 

Section 3. Be it further enacted, That in furtherance of the design of 
this act, a committee of three persons shall be appointed by nomination of 
the Principal Chief to the National Committee, whose duty it shall be to mature 
and prepare a system of general education by schools, with such laws for its 
establishment and promotion as may be necessary; and to report the same to 
the Principal Chief before the next annual meeting of the National Council. 
who shall submit such report with his views in relation thereto; said commit- 


tee shall also visit all the schools in the Nation, examine the plan upon which 
they are taught, the improvement of pupils, and utility of each, and report 
such information to the Principal Chief, to be submitted before the National 

Tahlequah, 26th, Sept., 1839. 

Approved — John Ross. 
The time was later extended for another year.^ On October 2, 1839, 
the establishment of several' missionary schools was authorized. - 

The interest on the invested school funds of the Cherokees as shown by 
various Annual Reports of the Commissioners of Indian Affairs, were: 1839, 
$2,606.90; 1860, $11,848.00; 1870, $29,460.04. 

A Superintendent of Education and eleven public schools were provided 
for by an act of council on November 16, 1841. Two thousand two hun- 
dred fifty seven dllars and thirty cents was appropriated to meet the past 
expenditures for the year of 1842.* At the same time five thousand eight 
hundred dollars was appropriated to support the schools for the year of 1843 
and twenty two hundred dollars was set aside to defray the expenses of the 
orphans attending the public schools.^ The salary of public school teachers 
in 1843 was thirty dollars per month. = 

On December 23, 1843, council authorized the establishment of seven 
additional public schools, which brought the number up to: Delaware Dis- 
trict, three; Saline, two; Going Snake, three; Tahlequah, two; Illinois, two, 
Canadian, one; Skin Bayou, two and Flint, three. The two school sessions 
were fixed at five months each, with a winter and summer vacation of one 
month each. The maximum teachers wage was forty dollars per month.^ 

In the year 1845 there were eighteen public schools in the Cherokee 

Delaware District Pupils 

Tahquoee, 42. 

Honey Creek, 47. 

Lebanon, 34. 

Saline District 

Spring Creek, 35. 

Saline, 32. 

Going Snake District 

Locust Grove, 27. 

Oak Grove, 61. 

Evan Jones,' 31. 

Tahlequah District 

Caney, 43. 

Fourteen Mile Creek 21. 
Illinois District 

Greenleaf, 23. 

Vian, 23. 

Canadian District 

Webbers Falls, 36. 

Skin Bayou District 


Sweetwater, 22. 

John Beng'e's, 29. 

Flint District 

Honey Hill, 57. 

James Bigby's 3 7. 

Clear Springs, 55. Orphans 

655 121 

Male 402 71 

Female 253 So' 

An additional public school was located at Muddy Springs in Flint Dis- 
trict, one at Peavine on Barren Fork in Going Snake District and one in the 
Daniel neighborhod in Delaware District by act of council on November 18, 
1845.' By an act of November 26, 1845 the school on Fourteen'Mile Creek 
was moved to Tahlequah,- where this first public school of Tahlequah was 
opened on March 2, 1846 with Mr. Caleb Covel as teacher.-"' A subscription 
school had been opened in the town in June 1845 with Miss Nancy Hoyt, as 
teacher."* The Superintendent of Education was given authority in November 
1846 to move schools that were insufficiently attended."' 

Seven thousand five hundred dollars were appropriated to defray the ex- 
penses of the public schools for the years 1848 and six hundred dollars were 
appropriated to pay the expenses of orphans attending the public schools.^ 
Thirty dollars each was allowed for the board and clothing of orphans dur- 
ing the schol term. The public school appropriation for 1849 was seven 
thousand and three hundred six hundred for the orphan fund.' An examin- 
ing board of three members to pass on the qualifications of teachers was 
created on November 2, 1849.* 

The public school appropriations for 1850, 1851 and 1852 were seven 
thousand dollars for each year, the orphan appropriation for 1850 was thirty 
six hundred dolars and thirty-five hundred for each of the two succeeding 

The teachers of the several public schools of the Cherokee Nation on 
September 11, 1858 and August 30, 1859, were: 

School Enrollment 1858 1859 

Caney Creek, 70 Mary Buffington Adair, Sarah E. Walker 

Boots Chapel, 67 Sarah Hicks, Minnie E. Boynton 

Pleasant Valley, 50 S. S. Stephens. S. J. Wolf. 

Post Oak Grove, 60 Eliza M. Bushyhead, James D. Alberty 

Requa, 47 Ben W. Trott, Ben Wisner Carter. 

Delaware Town, 4 1 Thomas W. McGhee, Heman L. Foreman. 

Spavinaw Vale, 46 Joseph Vann, 

Beatties Prairie, 4o William H. Davis, Moses C. Frye. 

Honey Creek, ' So James I.. Thompson, Sarah Ruth Mosley. 

Mount Claremore 30 Nannie Jane Rider, Nannie Jane Rider. 

Baptist Mission, 76 W. P. Upham. W.P. Upham. 

Peavine 66 Esther Smith, Esther Smith. 

Oak Grove 57 Lucinda M. Ross. I.ucinda M. Ross. 

Muddv Springs, 5o Caroline E. Bushyhead. Caroline E. Bushyhead 



Enrollment 1858 

52 Martha J. Uameron, 
E. Jane Ross, 
Victoria Susan Hicks, 
Sarah E. Walker, 
Moses C. Frye, 
Emma Lowrey Williams, 
Eliza Holt' 


Sugar Valley, 
Forest Hill, 
Gunter's Prairie, 
Sweet Springs, 
Green Leaf, 
Canadian River, 
Clear Creek, 
Vann's Valley, 
Falls Creek, 
Long Prairie, 
Echo Bend, 
Locust Vale, 
Lee's Creek, 
Arkansas Bottom, 
Wild Horse, 
Webbers, Falls, 

Upon the reorganization of the Cherokee 


Martha J. Dameron. 

E. Jane Ross. 

Jane Bertholf. 

Cynthia T. Frye. 

Corinne E. Barnes. 

John G. Scrimsher. 

Victoria Susan Hicks. 

Elizabeth Letitia Bertholf. 

Eliza M. Bushyhead. 

Martha J. Keyes. 

Susan Ross. 

Nancy Thompson. 

George Harlan Starr. 

Nannie Holmes. 

Hugh Montgomery Adair. 

Eliza Holt. 

Delia Mosley.- 

Nation after the civil war, 

thirty-two public schools were provided for. They were to commence on 
March 1, 1867. The locations were to be: 

Delaware District: Delaware Town, Sequoyah's New Place and Snell's. 

Saline District: Requa, Cul-car-law-skees and Little Spring Creek. 

Going Snake District: Tyners, Rabbit Trap, Barren Fork and Baptist 

Tahlequah District: Tahlequah, Caney and Killermore's. 

Illinois District: Fort Gibson, Seabolt's and White Oak Spring. 

Canadian District: Webber's Falls, Brier Town and Jimmy Vann's. 

-Sequoyah District: .loseph Goody's, Lee's Creek and the Court House. 

Flint District: Clear Spring, John Glass' and Alexander Scott's. 

Cooweescoowee District: Lacey Hawkens on Grand River, John Hatch- 
ett's and on Dog Creek. 

Two Negro schools to be located by the Superintendent of Education. 

Five orphans may be maintained and educated at each of these thirty- 
two schools at a cost of thirty dollars each per term for board and clothing. 
The terms shall be from the first Monday in March to until July l5th and from 
the tirst Monday in September until the last Friday in January.'' The Chero- 
kee Nation always maintained free text books and accessories. The school 
houses were built at the expense of the community and each school had a 
local board of three directors. 

The school previously located at White Springs near Lacey Hawkins' was 
removed by council in the spring of 1869 to West Point "near the mouth of 
Dog Creek."' By act of November 29, 1869 fourteen thousand eight hundred 
dollars were appropriated to pay the public school teachers and four thousand 
twenty dollars as the orphan allowance. The school was removed from the 
Moravian Mission to Oak Grove in Going Snake District. A school was es- 


tablished at Vian Camp Ground near Joseph Duval's in Illinois District, at 
Captain Nathaniel Fish's in Tahlequah District, at Contention Spring in Del- 
aware, near Ellis Sanders' in Sequoyah, near Delaware Miller's in Coowees- 
coowee and a Nesro school in Fort Gibson.'- Ten more schools were pro- 
vided for on December 10, 1869: Muddy Springs in Flint, Richard Benge's in 
Illinois on lllinois-Sequoyah line. Falling Pot's in Saline, Black Jack Grove in 
Canadian, John Rattlinggourd's in Illinois, Peggy Woodall's in Tahlequah, 
Dick Old Field's in Delaware, Wilson Sittingdown's in Sequoyah and near 
George Whitmire's in Going Snake. The two Negro schools located by the 
Superintendent of Education in March 1869 were at Tahlequah and on Four- 
teen Mile Creek in Tahlequah District.^ 

There were fifty-nine schools in 1871, sixty in 1873 and seventy-five 
in 1877^. The number and efficiency of the public schools gradually grew 
until there were over one hundred and twenty at the dissolution of the Chero- 
kee Nation. The progress of the Cherokees was due to their excessive pride 
in their schools, which were never allo\\ed to be under the supervision in any 
way of the educational authorities of the United States and none of their 
schools were ever visited by ofticers or agents of the departnint of educa- 
tion at Washington, until after June 30, 1898. 

Superintendents of Education of the Cherokee Nation. 

1841. Rev. Stephen Foreman. - 

1843. David Carter. 

1845. James Madison Payne. ^ 

1847. Walter Scott Adair.^ 

1849. Walter Scott Adair.-' 

1851. Rev. Walter Adair Duncan. 

1853. Henry Dobson Reese. 

1855. Henry Dobson Reese. 

1857. Henry Dobson Reese. 

1859. Charies Holt Campbell. 

1 867. Spencer S. Stephens. 

1869. Spencer S. Stephens. 

1871. Oliver Hazard Perry Brewer. 

Boards of Education of the Cherokee Nation. 

18 73. Spencer S. Stephens. 

Rev. Leonidas Dobson. 
George S. Mason. 

1875. John Ross Vann.^ 

Allison Woodville Timberlake. 
\^'illiam Henry Davis. 

Superintendents of Education. 

1876. December 9, Oliver Hazard Perry Brewer. 

Boards of Education. 

1877. November 26, William Poller Ross. 

John Lynch Adair, suspended September lo, 1879. 
William Henry Davis. 


1878. November 25, Lucien Burr Bell. 

1879. September l5, Henry Dobson Reese, appointed, vice John L. 

1879. November 3, John Albion Spears, elected, vice John L. Adair. 
1879. November 14, John Lynch Adair, reinstated by Council. 

1879. November 2 1, George Wesley Choate, vice William Hen- 
ry Davis. 

1880. November 2 3, John Lynch Adair, resigned. 

1880. November 23, John Albion Spears, elected vice John L. Adair. 

1880. November 23, Allison Woodville Timberlake, vice L. B. Bell. 
Robert Latham Owen, appointed vice G. W. Choate. 

Willia mHenry Davis, appointed vice J. A. Spears. 

1881. November. Oliver Hazard Perry Brewer, President, elected. 
Robert Latham Owen, Secretary. 

Lorenzo Delano Spears. 

1882. December 5, Rev. Walter Adair Duncan, President. 

1883. Thomas James Adair, Secretary. 

1884. William Potter Ross. 

1885. November 30, Martin Ross Brown. 
William Henry Davis. 

Lorenzo Delano Spears. 

1886. Robert Taylor Hanks. 

188. November, Timothy Brown Hitchcock. 

1889. Eli H. Whitmire. 

Superintendents of Education. 

1890. November 3, Office created. 

1890. November 8, William Wirt Hastings. 

1891. November, Walter Hampton Jackson. 

Boards of Education. 

William Vann Carey, President. 

Augustus Edward Ivey, Secretary. 

Charles Oliver Fry. 

William J. McKee. 

John Elijah Butler, vice Carey. 

November 13, George Washington Mitchell. 
1898. November 2, Mark Lee Paden. 
1898. Rev. Walter Adair Duncan, President. 

Connell Rogers, Secretary. 

Rev. Joseph Franklin Thompson. 
1808. November 18, Harvey Wirt Courtland Shelton. 

Jefferson Thompson Parks. 

James Franklin McCullough. 

Thomas Carlile. 

Theodore Perrv. 

Stand Watie Woodall, vice McCullough. 

Darius Edwin Ward, vice Perry. 

180 7. 


Oliver Hazard Ferry Brewer, Fresident. Albert Sidney Wyly, Secretary. 
Samuel Frazier Farks, vice Carlile Miss Carlotta Archer, "vice S. F. Farks. 

The proposition for high schools for the Cherokees was proposed by 
the Cherokee negotiators of the treaty of December 25, 1835' but it was not 
until eleven years later that the tribe felt that they were in financial con- 
dition to commence the construction of the necessary buildings.^ 

A year later full regulations were embraced in an act of Council for the 
establishment and conduct of the two schools.' The Female Seminary was 
located three miles southeast and the Male Seminary one and one half miles 
southwest of Tahlequah. They were built of brick that was made near the 
site of each school. Built in a land of fine springs, neither building was lo- 
cated contiguous to a spring. The erection of the replicated buildings began 
in 1847, the cornerstone of the Female Seminary was laid by Chief Ross on 
June 2 1, 1847 and they were finished in l850. The Male Seminary was 
opened on May 6, I85l and the Female Seminary on the following day. 

"The seminaries, and in fact, all the schools of the Cherokee Nation, 
are supported by money, invested in United States registered stocks, from the 
sale of lands to the United States government. The interest alone of this 
investment is drawn and used for educational purposes. 'i"he boarders are 
charged a mere nominal sum as an addition to the school fund. The United 
States government renders no assistance to the Seminaries, Asylum or common 
schools of the Cherokee Nation, outside of paying interest on money bor- 
rowed from the Nation."" 

The buildings were one hundred eighty-five feet long, one hundred nine 
feet wide, part two stories and part three stories in height. 

Boarders paid at the rate of five dollars per month in advance, or forty- 
five dollars per school year. That sum paid for board, laundry, lodging, lights, 
fuel, text books and all necessary supplies, and the pupils had to furnish only 
their comforts, blankets, linen and toilet articles. Provision was made by 
the National Council for the acceptance, without any expense to them, of fifty 
pupils whose parents were not able to pay their tuition and board.' 

"The Steward purchases all supplies, has the direction and management 
of the appropriations, collects all board bills and employs all assistance in 
the domestic department. The Domestic Superintendent has charge of the 
domestic affairs, secures clothing and supplies for the primaries and other 
duties. The Medical Superintendent is appointed by the National Council, 
gives medical and sanitary attention. The Matrons attend the sick, receive 
the clothing from the laundry, attend its meiuliiig and distribution. 
Preparatory Department. 

First year: Penmanship, Phonetics, Reading, Object Lessons, Grammar, 
Penmanship, Geography, Geography, Arithmetic. 

Second Year: Penmanship, Reading, Object Lessons, Composition. 
(^honetics, Reading, Arithmetic, Geography. 

Third Year: Reading, Object l.e.ssons, Composition Phonetics, Read- 
ing, Arithmetic, Geography. 

Academic Department. 

Freshmen— Ancient languages': Latin, Greek; English: Grammar. Geog- 

In Study Hall 6:00- 7 

Breakfast and detail 7:00- 8 

Chapel 8:30- 9 

Recitations 9:00-12 

Noon 12:00- 2 


raphy; History: U. S. History; Mathematics: Arithmetic, Algebra; Physical 
Geography, Physiology. 

Sophomore — Ancient languages: Caesar, Anabasis; English: Rhetoric; 
History: English History; Mathematics: Algebra, Geometry; Chemistry, Nat- 
ural Philosophy. 

Junior — Ancient languages: Cicero, Ovid, Trucydides Modern lan- 
guages: French, German; English: English literature, American literature; 
Mental Science: Political Economy, .Woral Philosophy; Mathematics: Trigi- 
nometry, Analytical Geometry; Botany, Geology. 

Senior — Ancient languages: Virgil, Livy, Homer; Modern languages: 
.Moliere, Goethe; English: Criticism; Mental Science: Mental Philosophy, 
Logic; Mathematics: Surveying and Calculus; Astronomy, Zoology. 

Daily Programme. 

A. M. P. M. 

Students rise, 5:30 Recitations 2:00-4:00 

00 Military drill 4:15-4:45 

30 Supper 5:00 

:00 Study hall 6:45-8:45 

00 First retiring bell 9:00 

00 Second retiring bell __9:l5 

Preparatory Department. 

The course of study in this department embraces three years, and pre- 
pares students for the Seminary proper. The school is thoroughly graded. 
Object lessons, compositions, oral, written and other exercises calculated to 
develop the power of written and oral expresion are given. Ideas of num- 
ber, form, size and actual measurement precede the more complex arithmetical 
operations. Map drawing, the use of the excellent maps in the Seminaries 
and topical exercises render geography practical. The Principal of this de- 
partment spends an hour each Saturday with the students, assisting them in 
selecting books from the library. 

Seminary Proper. 

The course of study embraces four years. The work in this institution 
is equal to that of the best institutions of the country. This school possesses 
many advantages over similar institutions, from the fact that teacher and 
students are together. Teachers instruct and direct, not only in the text book 
studies but in general reading, in the use of reference books and library work 
--a thing impossible when students have not libraries and books of reference 
in their homes or boarding houses. The usual degrees are conferred, upon 
the completion of courses of study. 

Graduates of the Cherokee National Seminary. 
February 1855.^ 

Mary Buffington Adair, Dr. Walter Thompson Adair. 

Caroline Elizabeth Bushyhead, William Robert Quarks. 

Charlotte Candy, William Fields. 

Martha Candy, joel Brvan Mayes. 



Eliza Forester, Benjamin W. Trott. 

Catherine Hastings, Jenkins Whitesides Maxfield. 

Lucy Lowrey Hoyt, Monroe Calvin Keys. 

Amanda McCoy, Daniel Bushyhead. 

Nannie Patrick, James R. Gourd. 

Nannie Rider, Daniel Ross Hicks. 

Sallie Rider, Samuel King Riley. 

Martha Wilson, Reverend Walter Adair Duncan. 

February 1856. 

Rev. Joseph Franklin Thompson. 

David R. Vann and Bluford West 

Isaac Brown Hitchcock. 

DeWitt Clinton Lipe. 

George Washington Benge. 

Joel Bryan Mayes. 

Allison Woodville Timberlake. 

Charles Renatus Hicks. 

John Lafayette Adair and Dennis 
Wolf Bushyhead. 

John Ticanooly Adair and Augus- 
tus Van Edmondson. 

George Drew and Joel Bryan 

George Washington Nave. 


George Washington Gunter. 

"Cousin Vic." 
The time is approaching near 
When we shall bid adieu; 
To teacher and companions dear, 
And breathe the lonely word, adieu. 

Many friends we've here found. 
Within these favored walls 
And sad will be the sound. 
When we say farewell, to all. 

But may we in friendship, dwell united. 
And our lives be love 
And meet when hopes are not blighted, 
In that happy land above. 

Your alTectionate cousin. 

Mary Ellen Adair, 

Eliza Missouri Bushyhead, 

Elizabeth Annie Duncan, 

Victoria Susan Hicks, 

Nannie Holmes, 

Martha McNair, 

Margaret Lavinia Rogers, 

Lucinda M. Ross, 

Alabama Elizabeth Scrimsher, 

Martha Nannie Thompson, 

Mary Delilah Vann, 

Sallie Josephine Vaught, 

Martha Whiting, 

Emma Lowrey Williams, 

Female Seminary 
January 17, 1856." 
"For Victoria Hicks. 

L(ucinda) M. R(oss.) 

The Future. 


The past with all its joys and sorrows is gone, with it alone fond mem- 
ory can converse. The present is busy working its many changes. Yet 'tis 
to the future that these thoughts will most naturally fly, we involuntarily look, 
there for our greatest pleasure, profit and happiness. Hope comes with her 
train of fair images and leads us through rich scenes of rapture and delight. 
And indeed life would be dull, void and bereft of every pleasure, unless there 
was a plan marked out in the future to fill our bosoms with zeal, and stimu- 
late us to action. But since our human life hangs over accident and mis- 
fortune, and since the future must know us ever, the great question is, how 
shall we meet it, all doubtfully mixed with its pleasures, its delights, its cares 
and its dangers. 

Then, I would say to meet it calmly, and boldly and with a pleasure. 
Venture not upon it with your own understanding as a guide; peril not such 
great interests to the dictation of your own reason, but take as a buckler and 
shield, the wise counsel of Him who marks all changes. In order that the 
future shall ever find you glorifying in triumph. 

Your friend, 

J(oel) B. Mayes. 
Male Seminary, C. N. 
January 29, 1856." 


We can not tell what happiness 

What might on earth possess 

If in singleness of heart 

We would strive to act a proper part. 

'Tis true we see the effects of sin 

All without and all within. 

We long may live a life in vain, 

Much good possess, but still complain. 

We may appear to other eyes. 

To be extremely rich and wise; 

But if our hearts are not right. 

Life will not be beautiful and bright. 

Oh! may our life, day by day, 

In love and duty pass away; 

And at last when our bodies die, 

We may live in that world above the sky; 

Where free from sin, death and pain, 

The good will meet and love again. 

„, Emma (Lowrey Williams.) 

Cherokee Seminarv 
November 4th, 1855." 

January 27, 1879. 

Isabel Cobb\ 

Tennessee Vann Steele, Robert Colburn Fuller. 

June 27, 1879. 

Anna Cora Archer, WiiH,„, r^ss Shackelford. 


Fannie Blythe, Lemuel Walker Marks. 

Elizabeth Dougherty, Ellis Buffington Wright. 

July 2, 1880. 

Caroline V. Armstrong, Frank M. Overlees. 

Nannie Catherine Daniel, Richard Lafayette Fite, 

Lillie Maxfield, Claude Hanks McDaniel. 

Sallie Clementine Rogers, John. Thomas McSpadden. 

Sarah Stapler Ross, Samuel Houston Adair. 

Margaret Hicks Stapler, 
Jeanette Starr, Frances Alexander Billingslea. 

June 30, 1881. 
Ella Adair, DeWitt Clinton Wilson. 

Eleanor Margaret Boudinot, John Henry Nave. 

Martha Cobb, Clement George Clarke. 

Joanna Coody Rogers, John Calhoun Duncan. 

June 28, 1883. 
Carlotta Archer' and Emma Breedlnve. 
Mae Washburn,- John Carlton Anderson". 

June 28, 1884. 
Mary Ann Elizabeth, Duncan, Harvey Wirt Courtland Shelton."* 

June 25, 1885. 
Oregonia Bell," Spratt Scott, 

Florence Anna Caleb,'' Henry Benton Smith. 

Martha Fields, Dr. Philip Donahoo. 

May 13, 1886. 

Mary Jett Norman, L)r. George Albert McBride. 

The Female Seminary was totally destroyed by fire on Sunday, April 
10, 1887. The erection of the new seminary building in the north part of 
Tahlequah began on November 3, 1887. It was finished on April 18, 1889 
and dedicated on Tuesday, .May 5, I8S0. 

June 28, 1888.' 
Rachel Caroline Eaton,- James Alexander Burns. 

Elizabeth Bushyhead McNair, 
Addie Roche Ross. William Henry Norrid. 

June 28, 1890. 
Charlotte Delilah Hastings Samuel Grant Victor. 

Elizabeth Clyde Morris, ^ William Presley Thompson. 

Gulielma Ross, JanT-'s Sanford Davenport. 

June 23, 1892. 
Saiah Jane Adair, James Augustus Lawrence, 

Martha Anna Maves, Edwin Mooring Pointer,^ 

Florence Wilson McSpadden, Philip Wharton Samuel. 

June 29, 1893. 
Martha Eulalia Miller, Jackson H. Merchant. 



Lulu Mayfield Starr, 
Janana Thompson, 

Lulu Dale Duckworth, 
Mary Llewellyn Morgan, 
Julia Anna Phillips, 
Georgia Ella Prather, 

Caroline Blair, 
Josephine Crittenden, 
Sarah Lulu Foreman, 
Flora Sabrina Lindsey, 
Cora Archer McNair, 
Susie Phillips, 

Janana Ballard. 

Anna Ballard, 

Martha Pauline Eaton, 

Cherokee Vashti Edmondson, 

Beuna Vista Harris, 

Cora Archer Musgrove, 

Gertrude Whitman Rogers, 

Dora Olive Ward, 

Lena Carlile, 

Jennie McClellan Foreman. 
Pixie Alberty Mayes, 
Juliette Melvina Scrimsher, 
Lura Ward, 

Cherokee Cornelia Adair, 

Lucinda Ballard, 

Ella Mae Covel and Alice Pre 

Nellie May Duncan, 

Lulu Belle James, 

Grace Phillips, 

Fannie Vann Ross, 

Eldee Starr and Mamie Star 

Mineola Ward, 

Josephine Barker, 
Mollie Lipe Blackstone, 
Belle Cunningham, 
Eugenia Catherine Eubanks 

William Wirt Hastings . 

William Penn Phillips. 
June 28, 1894. 

Walter I. Jones. 

William Lucullus Mayes, 

James Turner Edmondson,'* 

Lee S. Robinson. 
June 27, 1895. 

Richard Henry Smith. 

William Robert Sartain. 

John Gunter Lipe. 

Charles Colston Watts, ^ 

William Buft'ington Wyly. 

Ernest Vivian Scrimsher. 
June 26, 1896. 

June 25, 1897. 

Crawford Conner. 
James Mooring York,- 
Robert Bruce Garrett. 
Bascom Porum Rasmus. 
James Herbert Moore. 
Dr. George Shimoon. 
William Pugh Cunningham.^ 

June 1, 1898. 

Dr. C. W. Vowell. 
David Jesse Faulkner. 

Abraham Vandyke Robinson,^ 
Gilbert Thompson Loux. 
June 29, 1899. 

Junius Brutus Moore. 
William Lee Harlan. 


Eugene Nixon Williamson. 
Robert Lee Huggins. 
Preston Majors. 
Walter Ellis Duncan. 

Everett Virgil Allen. 
May 25, 1900. 

Dr. Robert Lee Mitchell. 
Edward Knippenberger. 
Thomas Oscar Graham. 
Walter Maecenas Charlesworth. 



Mary Elizabeth Gulagcr, 
Bettina Lucile Mcintosh, 
Jennie Fields Ross, 
Aneliza Eulalia Sevier.' 

Minnie Benge,- 

Mary Garrett, 

Rosanna Harnage, 

Josephine Landrum Howard, 

Mary Jane McS'padden, 

Juliette Taylor Snitih. 

Lelia Alice Maitland Thornton, 

Sarah Eleanor Ballard, 
Golda Barker. 
Beulah Benton Edniondson, 
Bertha Lillian Faulkner, 
Mary Angeline Rider, 
Elizabeth Vann Ross, 
Susie Ray Sevier, 
Dora Anna Starr, 
Clara Estella Tyler, 
Genobia Anna Ward, 
Lola Llewellyn Ward, 

Laura Effie Duckworth, 
Victoria Lipe Foreman, 
Caroline Bertha Freeman, 
Allie Rhea Garrett, 
Janie Stapler Hicks, 
Rosa Gazelle Lane. 
Virginia Lee Lindsey. 
Caroline Quarles McNair, 
Elizabeth Peach McSpadden, 
Maude Hoyt McSpadden, 
Elizabeth Adair Morgan, 
Llewellyn Hopewell Morgan, 
Sallie Pauline Parris,^ 
Susie Vivian Scott, 
Grace Raper Wallace, 
Leola Fay Ward, 

Lulu Elizabeth Alberty, 
Frances Bushyhead. 
Eunice Marie Chamberlin, 
Clara M. Couch, 

George Houston. 
Jesse Clifton Cobb. 
Edward l-orenian Blackstone. 
May 30, 1901. 

Sid Campbell. 
Frederick McDaniel. 
Andrew Jackson Rogers. 
Thomas R. Crookshank. 

G. S. Mac Key. 
May 29, 1902. 

Roy Woods. 
Charles V. Knight. 
Richard Croker. 
Charles Clarence Starr. 
Alfred A. Campbell. 
Carl Mills. 

Lawrence McAllister. 
Ewing Markham. 
Frank Selman. 
Allen Douthitf, 
John Black Tiniiin. 
June 9, 1903. 

Guy Boatright. 

James Stephenson Kennedy. 

Garland Baird. 

Dr. John Chisholm Breedlove. 

John Griffith Harnagc. 

James Walker McSpadden. 
Jesse Bartley Milam. 
Woodley Gail Phillips. 

Samuel P. Mathews. 
William Everett Foreman. 

Rhoderick Dhu Richards. 
William Newton. 

June 3, 1904. 

John Woodson Conner. 
James Knox Gibson. 
Frank Edward Nix. 



Joseph Alice CrutchfielJ, 
Roxie Cunningham, 
Stella Marie Ghormley, 
Mary Hampton, 
Elizabeth Covel Keys, 
Nellie Blackwell Meek, 
Amanda Payne Morgan, 
Phoeba Montana Rider, 

Lola Garrett, 

Caroline Elizabeth Ghormley, 

Mary Hoi and, 

Sallie Jennings, 

Mamie Butler Johnson, 

Mary Anna Martin, 

Ethel Martin, 

Maude Rosamond Meigs, 

Sallie Mayo Morgan, 

Anna Belle Price, 

Janie Stapler Ross. 

Ethel Corinne Scales, 

Anna Elizabeth Skidmore, 

Martha Wallace, 

Annie May Balentine, 

Ruth Ballard, 

Ella Jay Chandler, 

Mary Ada Condray 

Mary Louise Crafton, 

Bird Adair Dameron. 

Fannie Adair Danenburg, 

Dora Early, 

Penelope Adair Faulkner, 

Bertha Elizabeth Frellick, 

Fannie Etta Holland, 

Clyde Horn, 

Josephine Meigs, 

Ara Ellen Ross, 

Charlotte Elizabeth Spears, 

Caroline Lucinda Starr, 

Edith Lyle Stover, 

Joy Lorraine Washburn, 

Lelia Eaton. 

Olive Estelle Edmondson, 
Allie Johnson and Vera Jones. 
May McSpadden, 

Joseph Oscar Dale. 
Dr. Edward B. Reed. 
Charles Kay. 
Eugene Willard Tiger. 

Emerson Elliott. 

Frank Rolla Bell. 

Jesse Albert Barbre. 
June 1, 1905. 

Ephriam Monroe Bowers. 

Johnson Harris. 

Ernest Trenary. 

Marion Gibson. 

Dr. Francis M. Adams. 

Timothy Meigs Walker. 

Henry Pierson. 

Eustace Adolphus Hill. 

Vail Kimsey. 

John Casper Lipe. 

William Penn Adair. 

Charles Inglish. 

Andrew Johnson McDaniel. 

Miles C. Chastain. 
May 31, 1906. 

William Potter Ross. 

Hardy Frank Fleming. 

William Edmonds. 

Emmett Barker. 

Daniel Baker. 

George Pierce Cantrell. 

Bancroft C. Kress. 

Newell Tucker. 

Eugene Gilbert. 

Colonel E. Mayes. 

Dr. Ulyssus Grant Hall. 

Edmond Brigham Arnold. 

James K. Blake. 

Franklin Gritts Milligan. 

George Guinn. 

James Robert Wyly. 

Edwin Bentley Hunt. 

E. P. McCartney. 
May 29, 1907. 

Cicero Johnson Howard. 

Charles Walton Poole. 



Zoe McSpadden, 
Nola Alice Monroe. 

Catherine Crafton, 

Lucile Freeman, 

Addie Gravitt and Alice Lynd Gravitt. 

Frances Jane Lindsey, 

Ida Lois Lindsey, 

Ada Painter, 

Bertha Reed, 

Ida Whetzell, 

Earl Preston Whitehill. 
Ward C. Crawford and Frederick Oyler 
May 27, 1908. 

Kline Jordan. 

Roy Bearman. 

Gladys Mildred Anderson 
Sallie Martha Bledsoe, 
Narcissa Brown, 
Electa Crittenden. 
Minnie Berkely Feland, 
Anna Victoria Hanes, 
Clara Elizabeth Melton, 
Ella Quatie Richards, 
Anna Laura Turner, 
Lena Norene Ward, 

Joseph Daniel Hicks. 
Jarrette Bell Harlan. 
E. B. Bell-'. 

Grover Tinnin. 
May 27, 1909. 

L. C. Freeman. 
James Edward Wells. 

Frederick McKinney. 
E. Dickerson. 
Marcus Grover Cox. 
Frederick Albert Dedman. 
Homer F. Gilliland. 
Joseph Tryon Attenberry. 
The Female Seminary building, which is two hundred and ninety two feet 
in length and three stories high, was sold to the state of Oklahoma. 
Graduates from the Cherokee National Male Seminary. 
February 1855'. 
Charles Holt Campbell, Lifty Lowrey. 

Jonathan Riley, Mary Jack nee Gunter. 

Joshua Ross, Muskogee Yargee. 

Ready Taylor and David Lucullus Vann 

February 1856. 

Pauline Holt, Nannie 
Emetine Stegall ne 
Eliza Lowrey. 
Celeste Slidham. 

William W. Campbell, 

Holt and 

William Henry Davis, 
Jeremiah Everett Foreman. 
Moses C. Frye. 
Joel Bryan Mayes, 

Martha McNair, Martha Candy and 
Marv Delilah Drew nee Vann. 

October 1856. 

Benjamin Wisner Carter, Nannie Elliott and Serena Guy. 

Spencer Seago Stephens, Sarah Hicks. 

Allison Woodville Timberlake, Margaret Lavinia Rogers. 

The Male Seminary was closed on October 20, 1856 on account of lack 
of funds. The Female Seminary was also closed at the end of the regular fall 
term. Neither of these schools were opened again until after the civil war. 



Harvey Wirt Courtland Shelton, 
George Andrew Williams, 

William Wirt Hastings, 
Jefferson Thompson Parks, 
William Presley Thompson, 

William Henry Clark, 
James William Duncan, 
William Elliott, 
Walter Adair Frye, 
Jesse Stephen Lamar, 
Samuel W. Mills, 

Thomas Brewer French, 
Walter Hampton Jackson, 
Samuel Houston Mayes, 
Paul Rogers, 
Lewis Wolf Ross, 
Henry Benton Smith, 
Archibald Spears, 
John Shepherd Thornton, 
Thomas William Triplett, 
Charles Edward Vann, 
John Rogers Hastings, 

Jesse Crary Bushyhead, 
Stand Watie Mayfield, 
Mark Lee Paden, 
Robert Parris, 
Lewis Right^, 
John Otto Rogers, 
Charles McClellan Ross, 
Elizur Butler Sanders, 
Simon Ross Walkingstick, 
John R. Welch, 
Walter Duncan West, 

James Austin Clark. 
Walter Tolbert Duncan, 
John Thomas Johnson. 
Andrew Jackson Martin, 
James Lee Mills and James Carroll 
James Tandy Musgrove 
Phillips Ross and Emmet Starr. 
Charles Lawrence Saunders. 


Mary Anna Elizabeth Duncan. 

Cora Gregg nee Hogg. 
26, 1884. 

Lulu Mayfield Starr, 

Ruth Etta Duncan, 

Elizabeth Clyde Morris. 
25, 1885. 

Lilla Flournoy, 

Lucinda Buffington. 

Eliza Jane Blair. 
Emma Dale Simms. 

14, 1886. 

Delilah Nave. 
Cherokee Brewer. 
Florence Nicodemus. 

Mary French. 
Florence Anna Caleb. 
Caroline Mary Boudinot. 
Cynthia Pettit. 
Elizabeth Bushyhead. 
Ada Raymond. 
Elizabeth Victoria Shelton. 
30, 1887. 

Fay lone Reynolds. 
Amanda Caroline Thompson. 
Mary Louvinia Starr and Sarah Nix 
Edith LaRue. 

Cora Archer Hicks. 

Tommie Scruggs and Susie Morris 

Elizabeth Downing. 

Rebecca Osborn and 

Leona Scraper. 
28, 1888. 

Anna Stein. 

Anna Belle Morrow. 

Zena Pace. 



William Arnold, David 
Snake Lewis Miller, 

W'illiani Wallace Ross, 
John Caleb Starr, 
Albert Sidney Wyley', 

George McLaughlin Hughes 
Richard Napoleon Wallace, 
Charles Worcester Willey, 

Daniel Edmond Danenburg, 
James Turner Edmondson,- 
Samuel Frazier Parks", 
Rufus Daniel Ross, 

James Frank McCuIlougli, 
Robert Lee Mitchell, 

George Alexander Cox, 
Joseph Rasmus Danenburg. 
George Tolliver Hampton, 
Landrum Crittenden Jennings, 
Joseph Johnson Lynch, 
Edward Butler Smith, 
Stand Watie Woodall, 

Royal Roger Eubanks, 

William Charles Ghormley, 
Clifford Rogers, 

John Edgar Butl'ington, 
James Price Evans, 
Robert Wyly Fields. 
Joseph Foreman Gladney, 
Albert Blunt James, 
Richard Vance McSpadden, 
Thomas Asbury Scott, 
Homer Lafayette Smith, 
Nathaniel DeWitt Smith, 

Edward Foreman Blackstone, 
Henry Adair Dameron, 

June 27, 1889. 

ngram and John Melvin Lisenbe. 

Minnie I.. Ballard. 
December 21, 1890. 

Mary Henrietta Moore. 

Libbie Belle Zimmerman. 

Lillian Alexander. 
June 23, 1892. 

.A.ddie Boudiuot nee Foreman. 

Mary Forbes. 

Janana Sanders. 
June 26, 1894. 

Ruth Meacham. 

Julia Phillips. 

Alberta Cora Markham, 
Tooka Sixkiller and Samantha Parris. 
June 23, 1895. 

Martha HamptDU. 

Josephine Barker. 
June 24, 1896. 

Pearl Hampton. 

Fannie Josephine Carr. 
Janana Benge. 
Georgia Vann. 
Ella Pratt. 
Madge Pad en and 
June 25, 1897. 

Martha Lelia Morgan and Bessie 

Mc Curry 
Elizabeth Foreman. 

June 29, 1898. 

Pearl Gillispie. 

Mary Jane Dodson. 
Lucinda Miller. 
Frmina Essie Foreman. 
Daisy Belle Miller. 
Alice Velinda Flournoy. 
Lucy Martin. 

June 30, 1899. 

Aneliza Eulalia Sevier. 
Zona Lanyon. 



John Meirit Eaton, 

John Casper Lipe, 

Gilbert Stephen Thompson. 

James Milner Crutchfield, 
WiUiam Richard Harris. 
DeVVitt Clinton Lipe. 
John J. Lovett', 

John Walter Adair. 
William Henry Balentine'-', 
Walter Maecenas Charlesworth, 
Robert Bruce Garrett, 
W^alter Duncan Smith, 

Francis William Caywood. 
George Washington FieldsS 
William Clyde Freeman, 
George Owen Grant-, 
Dennis Bushyhead McNair. 
Charles Scott Monroe 
William Taylor Scott. 

Mary Bond. 
Anna Belle Price. 

May 24, 1900. 

Ida Lowrey Bell. 

Margaret Loretta Cookson. 
May 31, 1901. 

Olive Antoine. 

Eugenia Catherine Eubanks. 

Cherokee Vashti Edmondson. 

May 28, 1902. 

Jennie Lula Glass. 

Clara Lowrey. 

Lilian May Cunningham. 

Elizabeth Terrell. 

Claude Eugene Duncan, 
James Bascom Johnson'', 
Claude Stephen Mitchell, 
Rhoderick Dhu Richards, 
James S. Sanders^, 
Eugene Willard Tiger. 

William Houston Ballard, ^ 

Andreas Newton Leerskov, 

Houston Bartow Fite 

William Daniel Freeman. 

William Richard Holland, 

William Adair McClellan, 

Clarence Bluford Markham, 

Felix Hurd Mayes and Charles P. Pettit 

Wilson Nivens Smith". 

Samuel Jesse Starr^ 

James Oliver Ward. 

June 10, 1903. 

Allie Marian Shelton. 

Fern Hogue. 
Grace Raper Wallace. 
Minnie Holland. 
Mary Hampton. 
June 2, 1904. 

Anna Buchanan and Saphronia 

Carr nee Butler. 
Eril Webb. 

Minnie Buckner. 
Catherine Oldham. 

Nellie Whitmire. 

Jarrette Bell Har!an\ 
John Delancy Gulager, 
Joseph Alexander Patterson, 

June 2. 1905. 

Ida Lois Lindsey. 
lone Cranston. 


May 31, 1906. 

Elmer E. Fields. 

Allen Boudinot Foster, Aurolhi Upcluirch. 

James B. Markham, Blanche Bruce. 

Henry H. Wood-, Winifred Scott. 

May 29, 1907. 
Andrew Jackson Brown, Nola LeFlore. 

Gunter Duckworth, Pauline Kaho. 

Austin Grant Reagan, Grace Wade. 

Martin Benge Teehee, 
George Marion Tyner, Ethel Marshall. 

May 27, 1908. 
John Alvis Alberty, Bessie M. Atkins. 

Perry Ashbrook Foreman. 
Joseph William Garrett. 

Andrew Denney Lane, Odeyne Henry. 

George Clyde Whitmire. Fannie Dudley. 

May 28, 1909. 
Leroy A. Byrd and Andrew G. Tiffany 
Francis Edmond Chouteau. 
John Grover Scales, Ctaherine Whitley. 

The Cherokee National Male and Female Seminaries were combined in 
September 1909 and on March 20, 1910 the Male Seminary building was 
burned and the senior class for that year had their graduation exercises at 
the Northeastern State Normal on May 3 1, 1910. They were: 
Elizabeth Dee Bailey, Augustus Chouteau, 

Lorena Allen Bean, William Francis Graham. 

Oliver Maurice Haynes, Rachel Crouch. 

Thomas Herbert McSpadden, 

Susie Lowrey Martin, Robert Walker. 

Lee Roy Mitchell^ Ruth Foreman. 

Grace Reid, Troy Arrington. 

The sum of twenty two hundred dollars was appropriated by the council 
on December 23, 1842 for the board and clothing of orphan children attend- 
ing the several public schools of the Cherokee Nation^. Most of these chil- 
dren were cared for by relatives or adopted into families where they were 
generally treated as the children of the household. Th maximum amount 
fixed for board was one dollar per week- and on December 4, 1845 the 
amount of thirty dollars per annum was fixed as a just compensation for 
the board and clothing of an orphan, during which time they must attend 
the regular sessions of the public schools. 

This approximation was accepted as equitable and fair until January 2ri, 
18723. Soon after this date the orphan asylum was opened in the Male 
Seminary building^ The establishment of an orphan home school was first 
considered by an act of Council on December 19, 1842« but on account of 
lack of necessarv funds the subject w« dismised until Novemhpr ^ isas" 


when a committee consisting of tlie Superintendent of Scliools, Ricliard Tay- 
lor and Rev. Steplien Foreman were empowered to negotiate witii the au- 
thorities of the Methodist Episcopal Church, South for the establishment of 
an orphanage for the education of the orphans exclusively, Therefore, 

Be it enacted hy the National Council, That in order to provide for the 
education and instruction for the destitute orphans of the Nation, upon the 
manual labor plan, the Superintendent of Public Schools, Messrs. Richard 
Taylor and Stephen Foreman, Executive Councilors, be and they are hereby 
appointed as a committee on the part of the Nation to meet a committee 
on the part of the Methodist Church South, for the purpose of determining 
upon the most practicable plan of establishing and conducting schools for 
the benefit of the destitute orphans of both sexes to be located and established 
separately and apart at two springs on the mountain between Fourteen Mile 
Creek and Samuel Downing' s, at a place where William Sourjohn now lives, 
and the terms on which said Church will take charge of said schools and 
conduct the same. 

Be it further enacted, That the said Committee, consisting of the Super- 
intendent of Public Schools, Stephen Foreman and Richard Taylor, Executive 
Councilors, shall report the result of their conference with the Committee on 
the part of the Methodist Church to the National Council, for their approval 
or rejection and should the parties enter into an agreement and the same be 
approved by the National Council, the said committee shall proceed to assess 
the value of the improvements of the said William Sourjohn with his consent 
and the value of the same shall be paid out of the Orphan funds. 

Be it further enacted, That such substantial buildings of logs as may be 
necessary for the accommodation of about two hundred pupils of both sex, 
together with the teachers and mechanics, who may be employed to conduct 
the said schools, shall be built. 

Be it further enacted. That the said Committee be and they are hereby 
authorized to mature and determine upon the most convenient plan for the 
building of the aforesaid houses, and to receive proposals and make the 
necessary contracts for the erection of the same. 

Be it further enacted. That the said Committee be and they are hereby 
authorized to mature and determine upon the most convenient plan for the 
building of the aforesaid houses, and to receive proposals and make the 
necessary contracts for the erection of the same. 

Be it further enacted. That the aforesaid Committee be and they are 
herel-iy further instructed to agree with the Church that should there be any 
net profit arising from any of the departments of said schools that the same 
shall be applied to the support of additional scholars. 

Be it further enacted. That the Principal Chief be and he is hereby 
authorized, upon the certilicate of said Committee, to issue warrants on the 
National Treasurer for such sums as may be required to meet anv of the 
contracts to be paid out of the Orphan fund, and not otherwise appropriated. 

Tahlequah, November 3, 1848. 

Approved — George Lowrey, Acting Principal Chief." 
Laws of the Cherokee Nation, 1852, page 182. 


"1 he Committees appointed on tlie part ot llie Cherokee Nation and of 
ti:e Missionary Society of the Methodist ifpiscopal Church, South to take into 
consideration the practicability of establishing a Manual Labor School for Ih.- 
benefit of the Orphan Children of the Nation, under the care of the Indian 
Mission conference of said Church, report the foUowinj; as the result of Uuir 
deliberations and agreement. 

Article 1. There shall be an Orphan Manual Labor School in the 
Cherokee Nation, under the patronage of the Missionaiy Society of the 
Methodist l^piscopal Church, South. 

Article 2. The School shall be limited in its ciunniencement from iifiy 
to one hundred children consisting of equal number of children of both sexes, 
as nearly as possible. 

Article 3. The site of said school io be selected by the joint Commit- 
tee acting on the part of the Nation and the Church. 

Article 4. There shall be a board of six Trustees for the Management 
of the School; three to be appointed by the Nation and three by the Missionary 
Society of the Methodist Episcopal Church, South. 

Article 5. The buildings for the schools with the necessary fixtures and 
apparatus, the farm, tools, stock animals with all and every expense, including 
boarding, clothing, medical attendance, etc. to be paid out of the Orphan 
School Fund of the Nation. 

Article 6. The children to be well taken care of boarded, clothed, in- 
structed in all the branches, so far as practicable, of a good English educa- 
tion. The boys shall be instructed in the use of tools and to work on the 
farm. The girls; spinning, weaving, knitting, sewing, dairying, with all that 
pertains to household and domestic economy. 

Article 7. The children admitted into the school not under six nor over 
fourteen years of age, and to continue in the same so long as the Board of 
Trustees may think necessary and profitable. 

Article 8. It shall be the duty of the Board of Trustees to examine the 
accounts of the Institution quarterly, apportion the time for labor and teach- 
ing and fix he salaries of the teachers. 

Article 9. The number of scholars and the extent of improvements may 
be enlarged or diminished when the Board of Trustees shall find the same 

Article 1 0. The Superintendent of said school shall have power to call 
together the Board of Trustees whenever he shall find the same necessary. 

Article I 1. The Missionary Society of the Methodist Episcopal Church. 
South shall furnish the Superintendent and teachers and pay annually to 
their support the sum of one thousand dollars. 

Article 12. This agreement shall go into effect so soon as concurred 
by the authorities of the Cherokee Nation and the Missionary Society of the 
Methodist Episcopal Church, South and the proper officers shall have been 
appointed to superintend and regulate the same. 

Article 13. This agreement may be altered or annulled at any time 
upon the recommendation of the Board of Trustees; due notice being given 
of the same to the Cherokee National Council and to the Missionary Roard 


of the Methodist Episcopal Church, South. 

Article 14. Should there be any net profits arising from the farm, shops 
Ac, the same shall he applied to the benefit of the school. 

Article 15. Al speculation, in any way, upon the funds, the property 
of the Institution, to be carefully guarded against. 

The foregoing articles agreed to and concurred in this 10th day of 
November 1848; by Walter Scott Adair and Richard Taylor. 

Committee on the part of the Cherokee Nation. 
Thomas Ruble, Thomas Hurlburt and Thomas Bertholf. 
Committee on the part of the Missionary Society of the M. E. Church, South. 

Be it enacted by the National Council, That the foregoing agreement be, 
and the same is hereby confirmed and approved and so much of the act passed 
3rd day of November 1848, as militates aaginst any of the provisions of said 
foregoing agreement be and the same is hereby repealed. 

.^nd be it further enacted, That should the said Committees select the 
improvement of any citizen, for the locations of said school, be and they are 
hereby authorized to purchase the same, and so much of the act passed as 
above, as authorizes the said Committee to value any such improvement is 
hereby repealed. 

But for some reason it failed of fruition.' Another committee was ap- 
pointed by the council- but no report of their deliberations is available. 

On November 25, 1871 an act was passed by council providing for the 
establishment of the "Cherokee Orphan Asylum," which was to be located 
on an estate of not more than two miles square^. The Asylum was opened 
in the Male Seminary building in 1872. Twenty thousand dollars or so much 
as may be necessary was appropriated to purchase the location which had 
already been decided to be the Lewis Ross property at Grand Saline or Grand 
River, and after further negotiations twenty eight thousand dollars was paid 
to his heirs.* Necessary improvements were made so that the building on 
completion would accommodate one hundred twenty five pupils, besides the 
teachers, Superintendent and his family. > 

Tahlequah, November 10, 1848. 

Approved: George Lowrey, Acting Princijal Chief." 
Laws of the Cherokee Nation, 1852, page 182. 

The Superintendents were, consecutively: Rev. Walter Adair Duncan 
1872 to 1882; Rev. Joseph Franklin Thompson 1882 to 1894; William 
Wallace Ross 1894 to 1897; Rev. Joseph Franklin Thompson 1897 to 
1901 ; John Henry Danenburg iQoi to 1902. Danenburg was the last Super- 
intendent under the authority of the Cherokee Nation and he was succeeded 
under the government supervision by Elias Cornelius Alberty, who was Super- 
intendent at the time, when on Tuesdav November 17, 1903 it was acci- 
dentally and entirely destroyed by fire. " The building and equipment was 
valued at one hundred thousand dollars, exclusive of land. The faculty at 
the tmie of its destruction was: Principal, Robert Bruce Garrett; First" As- 
sistant, James Bascom Johnson; Second Asistant, Rhoderick Dhu Richards; 
hird Asistant, Miss Flora Sabrina Lindsey and Music Teacher, Mrs. Robert 
l^ruce Garrett.^ 


Missionary Activities. First Printing. 

When the missionaries commenced work among the Cherokees at the 
beginning- of the nineteenth century they found a condition awaiting them 
that was never presented to the christian workers by a heatiien people. 
Within less than three quarters of a century before, Christian Priber, ex-jesuii 
had identified himself with this tribe, became one of them, learned their lan- 
guage, related to them the biblical stories, which the tribesmen had retained 
and remembered in infinite detail, although they had entirely forgotten Priber 
and the source of the stories. The sturdy Scotch and English countryman 
had also insidiously imbued the people with many of their ideas and notions. 

Then the missionary came telling the self same Bible stories that the 
Cherokees had but recently derived from Priber, but in forgetting him thev 
attributed them to an origin from their old religion that had legendarily been 
destroyed by the Ku-ta-ni. Upon an attempt to tell the story of Abraham, 
the missionary was almost invariably stopped by Cherokee auditors, who 
then told the story in, to the missionary, astonishing precision, even giving 
the personal names with remarkable correctness. 

The recently revived New England idea of the evangelization .of the 
non christians furnished a fresh impetus and many zealous workers to many 
fields that had been dormant, and the missionaries were entirely oblivious of 
the principal impelling causes of their advantage among this tribe but on 
account of the success that attended their efforts, they put forth extra exer- 
tions to win those who were so appreciative. 

The Cherokees were naturally very amenable to a doctrine and l^elief 
that was identical with the legends that they thought had come from their 
primeval ancestry and within three decades became a christian people. 

In ISOI James Vann, a wealthy halfbreed Scotch-Cherokee had a com- 
modious two story brick dwelling on Chicamauga Creek in North • Georgia 
and in April of that year Reverends Abraham Steiner and Gottleib Byhan, 
Moravian missionaries, became his invited guests until they could erect the 
initial mission buildings at Spring Place, so named on account of the num- 
ber of springs in the vicinity. During the civil war, long after the mission- 
aries and Indians had moved away, the bloody battle of Missionary Ridge 
was fought on its site. In 1821, the Moravians established a mission at 
Ootcalogy, about thirty miles south of Spring Place. Its creator and di- 
rector was Reverend John Gambold, who had been at Spring Place since 
1805. He died on November 6, 1827. 

A mission was established in the western Cherokee nation, on Barren 
Fork, below the mouth of Tyner's Creek, in Adair County. It was moved to 
Harmony, near Beatty's Prairie, in the early fifties and after the civil war it 
was moved to SpringPlace, on the west side of Illinois River, in the northern 
part of what is now Cherokee County, Oklahoma. 

In 1803, Reverend Gideon Blackburn, a Presbyterian, opened two 
schools among the Cherokees in the vicinity of the present North Carolma 
Tennessee line. 


He made two trips through the Cherokee country. One of six weeks 
in 1808 and one of twelve weeks during the succeeding year. Besides ac- 
quainting himself with the conditions of the country; he encouraged various 
industries; especially that of preparing and spinning cotton and wool. This 
bore rich fruits, in a few years, in the abundance of cloth that was woven 
and worn by the Cherokees. This cloth became so popular among them 
that the buckskin garment was a rare sight in the Cherokee country by 1830 
and the striped home made hunting shirt, which was really a loose frock coat, 
trimmed with red yarn fringe, of the Cherokees became as distinctive a mark 
as was the Scotch tartan. 

After the Cherokees came west and became the peacemakers of the 
plains, this Cherokee hunting shirt became the safest guarantee of life of any 
emblem that might be exhibited to the hostile Indians between the Mississippi 
River and Rocky Mountains. 

On account of ill-health. Reverend Blackburn gave up his missionary 
work among the Cherokees in 1810. 

In 1816, Reverend Cyrus Kingsbury, a native of Alstead, New Hamp- 
shire, visited the Cherokee country, with a view of locating a mission among 
the tribe. He reported favorably on the proposition and was delegated by 
the American Board of Commissioners for Foreign Missions, a non denomi- 
national organization, composed of Presbyterians and Congregationalists, to 
erect the necessary buildings. 

He arrived at the proposed site, on Chicamauga Creek, on January 13, 
18 17 and immediately commenced the establishment of Brainard Mission, 
which was destined to be the precurser of much missionary work among the 

On March 7, IS 17, Moody Hall, a native of Cornish, New Hampshire 
and Loring S. Williams of Pownal, Vermont arrived at Brainard. Other 
missionary accessions to Brainard were Reverend Ard Hoyt of Danbury, Con- 
necticut and Reverend Daniel Sabin Buttrick, on January 3, 18 18. The 
latter was born at Windsor, Massachusetts on August 25, 1879 and died at 
Dwight Mission on June 8, I85l. On March 10, iSi8, Reverend William 
Chamberlin a native of Newbury, Vermont, arrived at Brainard. He was 
the affianced husband of Miss Flora, the daughter of Reverend and Mrs. Ard 
Hoyt and they were married at the mission on March 22, 1818. Their son, 
Amory Nelson Chamberlin was born at Brainard on November 29, 1821. 
He had an equally fluent command of both the English and Cherokee lan- 
guages and on account of his unassuming erudition and purity of character 
he was loved and respected by all that came in contact with him. He married 
on December 3, 1846 Dolly Eunice, the eldest daughter of his uncle, Milo 
Hoyt. Mrs. Chamberlin was the granddaughter of George Lowry, Assistant 
Chief of the Cherokee Nation. Reverend and Mrs. A. N. Chamberlin, died 
at their home near Vinita during the month of July 1849. His death pre- 
ceding hers by about three weeks. 

In January 1S18, Catherine Brown, aged seventeen, a three quarters 
blood Cherokee girl, joined the Presbyterian church at Brainard. Two vears 


later she established Creek Path Mission, near her home in Alabama, a hun- 
dred miles southwest of Brainard. She died on July 1 l, 1823. 

The mission among the Cherolcees being in successful operation, Rev- 
erend Kingsbur\- and Wiliams left the Cherokee mission work for a new tielii 
among the Choctaws, about the first of June 1818. 

In 1819 Reverend Ard Hoyt was Superintendent of Brainard with Rev- 
erend Daniel S. Buttrick, as assistant. The school had sixty pupils that year. 
One of them, Lydia Lowrey, aged sixteen, daughter of George Lowrey, later 
Assistant Chief of the Cherokee Nation, joined the Presbyterian Church and 
was baptised on January 3 1, I9l9. Shortly afterwards she had a dream in 
which the words came to her so impressively that on arising in the morning she 
wrote them out as the first hymn written by a Cherokee. She married Milo 
Hoyt, a son of Reverend Ard Hoyt and they were the ancestors of the Chero- 
kee Hoyts. Mrs. Hoyt died on July 10, 1862. John .Arch, "an unpromis- 
ing looking young man'' entered the school this year. He was a full blood 
Cherokee from western North Carlina. He soon became a good English 
scholar and interpreter and was noted for his sincere Christianity and splendid 
character. He died at Brainard on June 18, 1825. President James Mon- 
roe, accompanied by Major General Edmund P. and Mrs. Gaines, visited 
Brainard on May 27 and 28, 1819, stopping over night there. 

Reverend William Potter and Dr. Elizur Butler, with their families ar- 
rived at Brainard on January 10, 1821. In the autumn of 1844, Reverend 
Henry C. Benson on his way from the Choctaw school at Fort Cobb to 
Tahlequah to attend the tirst annual conference of the Methodist church in 
Indian Territory, which was held at Riley's Chapel, two miles south of 
Tahlequah from October 23 to 28, 1844, Bishop Thomas A. Morris, pre- 
siding, described his visit to Fairtield Mission as follows: "We found Dr. 
(Elizur) Butler sitting in an arm chair, in a dark room, prepared to spend 
the night in that position. He was suflering from asthma to such an extent 
as to render it impossible for him to lie upon a bed and sleep in a recumbent 
position. For many successive nights he had been compelled to sit alone in 
his dark chamber while the hours were slowly passing. At the ring of the 
bell we were admitted, with a brotherly and Christian cordiality that was 
truly grateful to our hearts at the end of our day's journey. Mrs. B., being 
indisposed, did not rise; but Miss Esther Smith, the teacher of the Mission 
school, and twn tine Cherokee misses, who were about fourteen years of age, 
came and, in a few minutes, prepared us a substantial tea. 

We were impressed with the good sense and economy which character- 
ized, as far as we could discover, the entire establishment. There were no 
servants; Mrs. B., Miss Smith and six Cherokee girls who had been received 
into the famib', did the kitchen and chamber work. These girls were nnt 
treated as servants, but daughters; they were neat, intelligent and sulTi- 
cientlv cornel V to pass reputably in any society. The furniture of the mis- 
sion was plain, vet comfortable; while the table was destitute of every article 
that might be considered a luxury, the food was good, substantial and of 
sufficient varietv." 


John C. Ellsworth arrived at Brainard on November 24, 182 1 and on 
the succeeding nineteenth of December John Vail and Henry Parker arrived. 

A grist mill, a saw mill and a blacksmith shop were installed at Brainard 
during this year. These were for the use of the mission and to accommodate 
the public. At the end of the year there were eighty seven Cherokee pupils 
in attendance at Brainard, thirty girls and fifty seven boys. 

Mr. Dean, a blacksmith from Vermont, with his wife, arrived in Janu- 
ary 1822 and two months later, Ainsworth E. Blunt, a cooper and Sylvester 
Ellis, a farmer were added to the mission establishment. Blunt was a native 
of New Hampshire and Ellis of Vermont. 

In May 1822, the property of the Mission was valued at $17,390.00. 
There were eighty Cherokee and two Osage pupils. These Osages, named 
by missionaries: John Osage Ross and Lydia Carter, had been adopted by 
the Cherokee after they had killed their parents in the battle of Pasuga or 
Claremore's Mound, in the present county of Rogers, State of Oklahoma, in 
Anoya or Strawberry moon of 1818. Lydia died at Mrs. William L. Lovely's 
in the Western Cherokee nation in the winter of 1823. The boy was taken 
to New England by General James Miller, the hero of Lundy's Lane, who 
was the first governor of Arkansas Territory and ex officio Superintendent 
of Indian Affairs. He was educated and learned the trade of a saddle, harness 
and trunk maker, he was living in 183 5 and possibly has descendants in 
Massachusetts or New Hampshire that are not aware that they belong to the 
richest nation in the world, as the Osages enjoy enormous quarterly pay- 
ments. The battle of Claremore mound was won by the Cherokees but 
they were not always so fortunate in their fights with the Osages, for in 
October or November 1816 an entire war party of one hundred Cherokees 
under their favorite war chief Walk in the Water was killed in a battle with 
the Osages and their allies on White River, excepting the White men : Wil- 
liam Noland, Col. Lynn and L. D. Lafferty, who were captured and later es- 

On October 12, 1822 Mr. and Mrs. Isaac Proctor of New Hampshire 
arrived at Brainard and on the thirteenth of the same month Mr. Frederick 
Ellsworth of Vermont, arrived. 

Reverend Samuel Austin Worcester arrived at Brainard on October 21, 
1825. He was born at Worcester, Worcester County, Massachusetts on 
January 19, 1798. Graduated from University of Vermont in 1819 and 
Andover Seminary in 1.823; ordained in Park Street Church, Boston on 
August 25, 1825 and departed for Brainard six days later. He remained at 
Brainard as it supervising missionary through 1826. He left the Cherokee 
Nation some time during the summer of 182 7 for Boston to supervise the 
making of the matrices for the Sequoian syllabary, have the type cast and pur- 
chase a printing press for the Nation. 

The first printing done from this type was in the December number 
of 1827 of the Missionary Herald, it being the first to the fifth verses of the 
first chapter of Genesis. He arrived at New Echota, capital of the Cherokee 
Nation, on Conasanga River, in Georgia, on November 2 7, 182 7 and im- 



mediately commenced the work of translating the Scriptures from Greek to 
Cherokee. He also systematized the phonetic arrangement of the Cherokee 
syllabary to the form that it subsequently bore. The printers: Isaac N. Harris 
and John Foster Wheeler arrived at New Echota on December 2 3, 182 7 and 
the press arrived about a month later and volume 1, number 1 of the Phoenix 
appeared on February 2 1, 1828. Shortly after the issuance of the first copy, 
John Walker Candy, became an apprentice on the paper. Rev. Worcester 
was a continuous contributor to the paper and had a great deal of religious 
literature published from this press. He was arrested by the Georgia 
militia on July 7, 1831, on the charge of being in the Cherokee Nation, 
without a permit from Georgia and in violation of an act of the Georgia 
legislature, bearing date of December 22, 1830.' He was sentenced to the 
penitentiary on September 16, 1831 and was released by the Governor of 
Georgia on January 14, 183 3. He returned to Brainard on March 15, 


^Xovcmber 1903, to November I'Ji: 


1834. Reverend Worcester's lirst wife was Miss Anne Orr, a native of 
Bedford, New Hampshire. 

Reverend Worcester procured another press and full complement of 
Cherokee type and emigrated with them to the Western Cherokee Nation 
where he first stopped at Dwight and then proceeded to Union Mission, on 
Grand River, arriving there in the fall of 1835 and set up his press from which 
he published several religious works both in the Choctaw and Cherokee lan- 
guages, notably the Cherokee Almanac for the year of 1836. These publi- 
cations were the pioneers of Oklahoma printing. As he moved to Park Hill 
on December 2, 1836, it is possible that no Almanac was published for the 
year 183 7, but it was published at the latter place for each consecutive year 
thereafter, until 1861. Ellas Boudinot soon joined him in the work of trans- 
laiing and the mechanical press work was done by his son, John Walker 
Candy and Edwin Archer. Reverend Worcester's second wife, whom he 
married at Dwight Mission on April 3, 1841, was Miss Ermina Nash, a native 
of Cummington, who had begun her missionary work at Creek Path Mission, 
on Nuven-i^er 5, 1825. He died at Park Hill, on April 20, 185''. He and 
his first wife, nee A. n Orr, a native of Bedford, New Hampshire was buried" 
in the Park Hill cemetery. 

Miss Lucy Ames, a native of Groton, Massachusetts arrived at Brainard 
on November 7, 1827. She married at Hawais Mission on August 14, IH^u 
Dr. Elizur Butler. 

The station at Brainard sustained a great loss by the burning of the 
principal portion of the Mission buildings on the twelfth of March 183(), in- 
cluding the kitchen, dining hall, school rooms for both departments, lodging 
rooms for both scholars and family, together with supplies and furniture. 
The fire was so rapid that not more than fifteen minutes were allowed for 
awakening and saving the occupants. There were more than fifty children, 
besides the missionary family. 

The missionaries, almost frantic with the responsibility, rushed into and 
through the burning buildings, almost into the very jaws of death, to see if 
any of the beloved charge remained unsaved. Then, when the roof had 
fallen in, a rush was made down to the bank of the beautiful Chickamauga, 
where the saved ones had been ordered to go. There, in the gray morning 
twilight the lines were formed, the count was made, and all dropped on theii 
knees and thanked God for deliverance. All were saved.'" 

A mission was established by Reverend Moody Hall on the federal road 
in Georgia, sixty miles southeast of Brainard, on November 2, 18 19-. It was 
at first called Taloney but they later changed to Carmel. The school was 
opened in May, 1820. There were thirty pupils attending in September, 
1821. Reverend and Mrs. John Thompson and Miss Catherine Fuller were 
attached to the school on Januarv 23, 1822. Reverend Daniel S. Buttrick 
had charge of the school in 1823. The school was maintained until 1836. 

Creek Path Mission was established in April 1920 by Miss Catherine 
Brown, a three quarters blood Cherokee girl. It was in Alabama, one hun- 
dred miles southwest of Brainard. Reverend William Potter was assigned 
to Creek Path January l9, 1822 and stayed there until July 1837. "" Dr. 


Hlizur Hutler was attuLhed to Cre.'k Path May 7, 18: t and remained until 
l.S2(.. Miss Erniina Nash arrived at Creek Path on November 5, 1825 and 
staid until 1837. Thc're were thirty one pupils at Creek Path in 1828. 

Willstown Mission, located in Will's Valley, Alabama was founded 
March 28, 182.5 by Reverend William Chamberlin, who had charge of the 
missi( n until 18 3''. He moved to Illinois and died at Alton on March N, I84<). 

Willstown was so named because it was the home of Will, an auburn 
haired, halfbreed Cherokee sub-chief. 

Reverend and Mrs. Ard Hoyt, the parents of Mrs. Chamberlin, settled 
at Willstwn on May 22, 1824 and remained there until his death, which oc- 
curred on February 18, 1828. Mrs. Hoyt returned north in 1834. 

Hawais Mission, originally called Turnip Mountain, in Georgia, was es- 
tablished in 1823 by Mr. John C. Ellsworth. Dr. Elizur Butler was attached 
to Hawais on May 1, 1826. Mrs. Butler nee Esther Post of South Concord, 
Connecticut died there on November 2 1, 1829. Dr. Butler was arrested by 
Georgia militia on July 7, 183 1 for residing in the Cherokee Nation without 
a permit from Georgia; sentenced to the penitentiary on September 16 of that 
year and released by the Governor of Georgia on January 14, 183 3. 

Etowa Mission, improperly pronounced "Hightower" was founded in 
1823 by Mr. and Mrs. Isaac Proctor. It was located on Etowa River in 
Georgia, eighty miles southeast of Brainard and thirty five miles west of 

Candy's Creek Mission was founded in 1824 by John Vail and William 
Holland. In 1828 there were thirty Cherokee pupils in this school. 

New Echota,' the capital of the Cherokee Nation was established by an 
act of council in 1818. An act providing for the erection of an oft'ice for the 
"Cherokee Phoenix" was enacted on November l5, I826. New Echota was 
never used as a mission location, but a church was maintained by the A. B. 
C. F. M., and a great deal of religious literature was printed on the Phoenix 

In July 182(1, Reverends Cephus Washburn and Alfred Finney accom- 
panied by James Orr and Jacob Hitchcock arrived in the Western Cherokee 
Nation, Arkansas Territory. Shortly afterward they established Dwight Mis- 
sion, on the west bank of Illinois Creek, four miles from Arkansas River. It 
was named in honor of Reverend Timothy Dwight, President of Yale College 
and the first signatory member of the A. B. C. F. M. 

By the first of October I820 they had erected two "comfortable cabins" 
and soon afterwards Washburn and Finney returned to Elliott Million, in 
Mississippi, for their families. They returned to Dwight on May 10, 1821. 
Miss Ellen Stetson, born March 30, 1873 at Kingston, Massachusetts arrived 
at Dwight on December 22, 182 1 where she died on December 2P, 1848. 

The missionaries commenced the erection of the school building upon 
their return to the mission, but before they finished it they ran out of nails 
and had to go to Union Mission, over two hundred miles distant, to borrow 
enough to complete the building, which they did and commenced school on 
January 1, 1822. 


In January 1<'^26, the following missionaries were at D wight: Reverends 
Washburn and Finney, missionaries; Dr. George L. Weed who afterwards 
moved to Cincinnati, Ohio, physician and teacher; Jacob Hitchcock, steward; 
Miss Cynthia Thrall, charge of school; Miss Ellen Stetson, teacher; James Orr, 
farmer; Samuel Wisner and Asa Hitchcock, mechanics. Reverend and Mrs. 
Worcester Willey arrived at Dwight on January 31, 1826. 

The Western Cherokees exchanged their land in Arkansas for land west 
of that Territory on May 6, 1828, and by the succeeding spring practically 
the entire Western nation had moved to their new possession. For that rea- 
son it became incumbent on the missionaries to also remove to the Indian 
Territory. The entire missionaiy establishment of Dwight Mission was mov- 
ed to and located on the site of Nicksville, the late county seat of Lovely 
County, Arkansas, in 1828. The location is in the northern half of section 
two, township twelve north, range twenty-three east and in the south half 
of section thirty-four, township thirteen north, range twenty-three east in 
Sequoyah County, Oklahoma. 

Miss Esther Smith, born July 25, 1806, at Harrisburg, N. Y., arrived at 
Dwight on December 22, 1832. She was transferred to the Mission at the 
Forks of the Illinois in 1835; to Park Hill Mission in 1836, and back to 
Dwight in 1838. In 1841 she was transferred to Fairfield, where she con- 
tinued until her release from the service of the American Board on September 
6, 1853. She remained in the Cherokee Nation and taught in the national 
schools. Just before the Civil war she was teaching at Peavine school, which 
was about one mile south of the present town of Baron. She remained with 
the Cherokees during the Civil war and died at Fort Gibson in January, 1865. 
Her remains being interred in the post burial ground, from whence they were 
later removed and rehuried, by the government contractors, among the un- 
known dead in the National Cemetery, several years later.^ 

Reverend and Mrs. Jesse Lockwood arrived in Dwight in January, 18 34. 
He died of fever at that Mission on the succeeding eleventh of July. Mrs. 
Lockwood returned to New England in April, 1835.' 

On account of the emigration Reverends D. S. Buttrick, William Potter 
and Elizur Butler came to Dwight from the Old Cherokee nation in 1839. 

Mulberry Mission had been established as a branch station to Dwight, on 
Mulberry Creek in Pope County, Arkansas, and was moved in 1828 to a lo- 
cation some fifteen miles north of Dwight and its name was changed to Fair- 
field. It was placed under the direction of Dr. Marcus Palmer. 

Union Mission, section sixteen, township nineteen north, range nineteen 
east, in Mayes County, Oklahoma, was established in 1820 by Reverend Will- 
iam F. Vaill of the United Foreign Missionary Society for work among the 
Osage Indians. A large farm was established in 1822. It was under the di- 
rection of" Reverend Wiliam B. Montgomery as missionary and George Requa 
a "supermtendent of secular concerns." The location was about four miles 
from the mam mission establishment and run in connection with°the school. 

The tirst Protestant conference, in what is now the state of Oklahoma, 
washeld at Union Mission, from November second to the seventh 1822; the 
sessions being from 5:15 a. m. to 9 p. m. of each dav, except the last, which 


was ended shortly before noon. There were representatives from Union, 
Dwight and Harmony, which was located on the Maries des Cygnes River in 
Missouri. Reverend Burton Pixley of Harmony was chosen moderator and 
Epaphrus Chapman, scribe. 

As early as 182 3 there were fourteen missions at this place and the prop- 
erty was valued at twenty-four thousand dollars.' 

Ur. Marcus Palmer was granted a restricted license to preach on Novem- 
ber 7, 1825, by a conference that was held at Union. 

In January, 1826, the missionaries attached to Union were: Reverend 
William F. Vaill, missionary; Dr. Marcus Palmer, Physician; Stephen Fuller, 
Abraham Redfield, John M. Spaulding, Alexander Woodruff and George 
Requa, assistant missionaries, farmers and mechanics, . nd seven females. At 
this time they had twenty-six pupils. 

On May 10, 1826, the United Foreign Missionary society and the Ameri- 
can Board of Commissioners for Foreign Affairs were united and continued 
under the name of the latter organization. 

In the fall of 1835 Reverend Samuel A. Worcester located at Union 
and set up his mission press. 

Park Hill Mission was founded in about 1829 by Samuel Newton, late 
of Osage Mission, in Kansas. He named the Mission "Park Hill" on account 
of the natural beauty of its surroundings. His residence and mission was at 
Campbell's Spring,^ between the later residence of Chief John Ross and Rev- 
erend Samuel A. Worcester. The Mission was later moved to a location 
about a quarter of a mile east of the residence of Reverend Worcester and 
at the latter place the Mission press was established. Mr. Newton afterwards 
moved to Washington County, .Arkansas, and was postmaster of Boonesbor- 
ough in I 847. 

The "Mission at the Forks of the Illinois" was in operation in 1830 and 
was perpetuated in the Elm Springs Mission. 

Reverend Humphrey Posey, a native of North Carolina, was appointed by 
the Baptist Board as a missionary to the Cherokees on October 13, 1817.' 
He immediately repaired to the Western part of his own state, where there 
were living at that time several thousand of this tribe. Having established a few 
schools, he felt called to do some exploring in the regions West of the Miss- 
issippi, doubtless with a view of locating there. His protracted absence caus- 
ed a loss of interest in the schools and their necessary suspension. On his 
return earlv in 1820, he established a mission station at Valley Town, on 
Hiwassee River, in the southwest corner of the State and Thomas Dawson 
was appointed assistant. A farm of eighty acres was cleared, put m culti- 
vation and three houses were built. Shortly after the school started, it had 
forty pupils. _ . 

' Evan Jones was born in Brecknockshire, Wales on Mav 14, 1/Kh. At 
the a?-e of fifteen he was apprenticed to a linen draper and spent a number 
of years with him. While there he met Miss Elizabeth Lanigan. who was also 
working in this store and in course of time she became his wife The Jones 
emigrated to America, reaching Philadelphia early in 182 1 Mr Jones had 
previously left the formal church of England and joined the Methodists, but 


during the summer of 182 1 he and his wife became members of the "Great 
Valley Baptist Church,,' near their home. It was under the pastorage of 
Reverend Thomas Roberts, who, with others, was at that time preparing to 
enter into a mission to the Cherokees. 

A month after the reception of Mr. and Mrs. Jones into the Baptist 
church, found them members of the missionary band to the Cherokees. Trav- 
eling in farm wagons these missionaries arrived at Valley Town in Septem- 
ber, 1821. Reverend Roberts took the directing office of Missionary Superin- 
tendent and among the other assignments were Isaac Clever, blacksmith; 
John Farrier, farmer and weaver; Evan Jones, teacher, and it is not known 
what the other score of people did. The date of the ordination of Evan 
Jones to the ministry is not known, but we do know that by 1825 he and 
his family were the only ones of the Great Valley missionary band that still 
remained with the Cherokee mission work. 

A mission was established at Notley, sixteen miles southwest of Valley 
Town in the summer of 1822. Shortly afterwards another mission was estab- 
lished at Tinsawatee.- sixty miles southwest from Valley Town, in Georgia.' 
In 182 3 the Baptist missions received their convert in the person of John 
Timson.- In this year they were joined by Reverend and Mr. Duncan O'Bry- 
ant, who were assigned to the station of Tinsawatee and shortly afterwards 
he moved themission from Tinsawatee to Hickory Log, a distance of some 
ten miles.^ 

Kaneeda, a full-blood Cherokee, was converted at Hiwassee in 1829, and 
became the first native Baptist minister among the Cherokees. On account 
of his character, Reverend Jones gave him the English name of John Wick- 
liffe. He began preaching in 1831 and was ordained in 1833. He died in 
Saline District on November 22, 1857.-' 

During the time that these Baptist missionaries were prosecuting their 
work among the full bloods in the eastern part of the Cherokee Nation, Jesse 
Bushyhead, the son of a prominent family, after having attended school in 
Tennessee, joined the Baptist church and was baptised in 1830. He return- 
ed to the Cherokee Nation and gathered a congregation at Ahmohee, which 
was in the neighborhood in which his parents resided. It was not until quite 
a while after he had built up a good church here that he met any of the Bap- 
tist missionaries.' He was ordained to the ministry on the same day as was 
John Wickliffe. Reverend Bushyhead had a circuit of two hundred and forty 
miles in which he was assisted from 1834 to 1838 by Reverend Beaver Car- 
rier, a young Cherokee minister who was later a senator from Saline District. 

Reverend Bushyhead was one of the leaders of the Ross party, being at 
the time of his death on July 17, 1844, Chief Justice of the Cherokee Nation. 
His disinterestedness in the feudal and political troubles among his people 
gained for him the pecular distinction of being the only man of any conse- 
quence among the Cherokees who habitually traveled among his people in the 
trouWuos period of 1830-46, unarmed, except, as he said, with his Bible. 

Aganoyah, a full blood Cherokee, was a contemporary Baptist minister 
with Bushyhead and Wickliffe. 


The Baptist church membership in 18 55 in the Cherokee Nation "East" 
was two hundred and twenty-seven. 

Mrs. Elizabeth Lanigan Jones died at Vailev 'i'own on Februar^v 5, 1S5 1.-' 
Reverend Jones' second wife was Miss PauUne Cunningham. 

About thirty families from the vicinity of Hickory Log Mission, under 
the leadership of Reverend O 'Bryant, migrated to the Cherokee Nation 
"West" in 1831, stablishing New Hope Mission o uBarren Fork Creek and 
about two miles from the Arkansas line. They shortly afterwards added a 
grist and saw mill. Reverend O'Bryant died in 1854 and was succeeded by 
Reverend Samuel Aldrich of Cincinnati, Ohio, who died after one year's serv- 
ice and then the mission lapsed.^ 

Other accessions to the missionary working force among the Eastern 
Cherokees were Leonard and Mrs. Butterfield and Miss Sarah Rayner in 1832 
and Chandler Curtis in 183 5. 

Reverend Bushyhead established a camp near the .Arkansas line upon his 
arrival in 1839, at which rations were issued to needy emigrants and for this 
ration the camp was locally known as "Bread Town,"- but he immediately 
commenced his religious work here and the location soon became known as 
Baptist Mission, the name that it justly bears to this day, although the mis- 
sion was removed to Tahlequah by John B. Jones, in 1867. The Jonse> 
settled at and became a part of Baptist Mission shortly after their arrival \u 
the Western Cherokee Nation. 

John Buttrick Jones, son of Reverend Evan and Mrs. Elizabeth Lani- 
gan Jones, was born at Valley Town, North Carolina on December 24, 182 J. 
He was Cherokee interpreter for his father at the age of thirteen. Was bap- 
tised by Reverend John Wicklifte in 1844. The Jonses, assisted by Harvey 
Uphani and Mark Tiger- published at Union Mission the Cherokee Message, 
a monthly missionary publication a part of which was printed in the Chero- 
kee language. Its first issue was in August 1844. Only about fourteen is- 
sues were printed. 

John B. Jones graduated from the University of Rochester, New York 
in 1855. He :\'as ordained to the ministry in that city on July 14, 1855 and 
was married there in October of the same year to Miss Jennie M. Smith. They 
repaired immediately to the Baptist Mission and entered the missionary work.' 

Both Evan and his son John B. Jones were men of magnetic and sympa- 
thetic presences, splendid acquisitive minds an drare executive abilities. While 
the father was perfectlv conversant with the Cherokee language, he always 
used an interpreter when preaching to the Chrokees. The son, having been 
born in the Cherokee country, rapidly gained a facile and perfect knowledge 
of the Cherokee language and customs and no man or men were ever able to 
sway the minds and policies of the full blood Cherokees as did this father and 

Thev were the real directors of the Cherokee Nation from 1830 to 1867, 
through the numericallv dominant full bloods, who as a body were always 
swayed bv impulse rather than reason. As ministers of the gospel they were 
apparently meek and humble. In.t the sentiments that they powerfully an.i 


insiduously engendered anion- the full bloods were perforce the governmental 
policies of Chief Ross. 

At the same time they almost always courted the good will of the astute 
and suave Ross, hut upon the accession of his nephew, William P. Ross, to 
the Chieftancy they broke with him and hy promoting an aliance, in 1867, 
between the friends of Lieutenant Colonel, the Reverend Lewis Downing and 
the ex-Confederate Cherokees, they formed the Downing party, which after 
this time elected all the Chiefs, except one Dennis W. Bushyhead and he was 
opposed to his first election by many of the prominent Ross leaders. 

The Jones' were the moving and dominant spirits in the inception of 
the Keetoowha Society in 1859. Its membership was at first practically all 
full bloods and one of its prime principles was abolitionism which severely 
affected the Ross family, as many of them were large slave owners. On ac- 
count of this agitation the Jones were proscribed by the federal and national 
authorities in l86l and then became the active negotiators with their full 
blood friends in persuading them to give up their affiliation with the con- 
federacy in 1862, deserting their Colonel, John Drew and the Ross family 
Drew joined the confederates but almost all the Rosses went over to the fed- 
eral cause. 

With hardly an intermission the Baptist educational success has been: 
Valley Town Mission 1820-39; Baptist Mission 1839-67; Baptist Mission ai 
Tahlequah 1876-85 and because the Cherokee Nation would not make them 
satisfactory land grants the mission was moved to the Muskogee Nation where 
its name was changed to Bacom University and has maintained a laudable 
existence since f885. 

Reverend Evan Jones died in August 1873 and Reverend John Buttrick 
Jones died on June 13, 1876. 

A unique religious observance among the full blood Cherokees is the 
annual "Baptist Association' which meets at some selected place on the east 
side of the Grand River in the late summer or early autumn. They come 
with their entire families and camp for a week, attending church and fraterniz- 
ing. Their provisions are assembled in a general tent, cooks are allotted for 
each meal. These cooks are almost universally clean and mistresses of their 
art. The meals are served to all and without price. The fervor of their 
worship is a moral stimulus to all who come in contact with them. As bene- 
ficient hallowedness seems to permeate the very atmosphere as these people 
who live close to nature met render their obeisance and thanks to their crea- 

The largest of these Baptist Association establishments was described 
in the Annual Report of the Commissioners of Indian Affairs for 1859 on page 
176, as follows: Delawaretown church on September 5, 1859 was a main 
room eighty by twenty feet, with two side rooms equipped with two stoves and 
a bell, together with the thirty other buildings which were occupied by the 
people who came to attend the Association, these were hewn log houses rang- 
ing from twelve feet square to fifty hy twenty feet and also a comfortable 
log school house thirty hy twenty beet with a good floor, stove and four glaz- 


ed windows. This w;is tlie establilsliment of ;i people iiearl}- all full Mo'>d 
Cherokees, practically all of whom were in moderate circumstances. 

The policy of the Methodists was not to build mission establishments 
Their work was more along the evangelical lines, primary instruction being 

In 1822, at the solicitation of Richard Riley, Reverand Richard Neeley 
of the Tennessee Methodist Conference, commenced to preacli in the Chero- 
kee country. Riley and several others joined the church during this year.- 
Reverends 1. W. Sullivan and Ambrose F. Driskill succeeded Neeley. 

The first Methodist Mission school was established in the Cherokee 
country in 1824^ and during that year John Fletcher Boot was licensed to 
preach. "He was an orator and simple. He was unaffected- unstudied, grace- 
ful and powerful."'* He died while filling the Canadian District circuit m 
1852 or 3. 

There were three missions in 1825, four in 1826 and seven in 1827. 
Truth Fields, a veteran of the Creek war of 1841 was converted in 1826 and 
licensed to preach during the next year. In 1827 he filled the Coosawalee'" 
circuit. He was a signer of the constitution of 1839. 

Greenwood LeFlore, Chief of the Choctaws, whose wife was Elizabeth 
Coody, niece of Chief Ross, was converted and joined the Methodist church 
in 1827. 

In the fall of 1828 the Tennessee conference made the following ap- 
pointments for the Cherokee Nation : 

Superintendent of Missions, Reverend William McMahon. 

Wills Valley and Oostanalhi, Reverend 15. M. Ferran with Joseph Black- 
bird as interpreter. 

Coosawater, Reverend Truth Fields. 

Mount Wesley and Ashbury, Reverend Dixon C. McLeod. A mission 
school attached. 

Chatooga, Reverend Greenbury Garrett. A school attached. 

Sullacooie, Reverend Nicholas Dutton Scalis.^ A school attached. 

Neeley's Grove, Reverend Allen F. Scraggs. A school attached. 

Conasauga, Reverend Thomas J. Elliott. A school attached. 

General Missionary to travel through the Nation, Reverend James Jen- 
kins Trott. 

Chief John Ross joined the Methodist church and Reverend Richard Neel- 
ey died during this year.- 




Thos. R. Knig-ht Coffee Woodall Darius E. Ward, Sec. 

Jas. M. Keys Wm. H. Hendricks, Prcs. 


Officers oj Tke Cherokee Nation, September. 9, 18o9toJune30, luOS. 

The anomaly of a fully constitutional government with all of the con- 
comitant expenses of executive, legislative, judicial and educational depart- 
ments; being in existence for tifty-nine years, selfsustaining, without direct 
personal taxes, would seem at first thought, Utopian and impossible. But 
this was the condition presented by the Cherokee Nation from September 6. 
1839' to July 1, 1898.- A contented and satisfied communal government in 
which personal land titles were nonexistant; livestock, had free range, uni- 
versally attended free schools with free text books, were the center of each 
annuities of the tribe was to be paid; two-thirds to the Cherokees living east 
Education was a shibbolath, extreme poverty unknown and individual efforts 
were often crowned with affluence. 

The permanent funds for the maintenance of the Cherokee Nation was 
derived from the sale of portions of their tribal lands and had its inception 
in a provision of an indemnatory article in the United States-Cherokee treaty 
of October 24, 1804, which provided an annuity to the Cherokee Nation ,of 
three thousand dollars. 

According to the sixth article of the treaty of February 27, 1819 the 
annuities oft he tribe was to be paid; two-thirds to the Cherokees living east 
of the Mississippi River and one third to those that had emigrated to Arkansas 
and were known as Western Cherokees, in accordance with their estimated 
proportional population. 

Article ten of the treaty of December 29, 1835, set aside the following 
amounts from the five million dollars sale price of the Cherokee lands east 
of the Mississippi River: two hundred thousand as a general fund, fifty thous- 
and as an orphan fund and one hundred and fifty thousand as a school fund 
for the Cherokee Nation. 

The permanent annuities that had accrued under the provisions of for- 
mer treaties were commuted for an additional general fund of two hundred 
and fourteen thousand dollars. Under the provisions of article twelve it was 
primarily agreed that one hundred thousand dollars should be used to aid 
indigent' parties who had previously emigrated west. This award was re^- 
cinded by a supplementary article that added this sum to the general fund. 

The apportionment of the disbursement of interest on the national fund 
was divided under the treaty of July 19, 1866, as follows: General fund. 
fifty per cent; school fund thirty-five per cent and orphan fund, titteen per 

The general fund was used to meet the expenses of the national govern- 
ment, excepting those of education. 

The onlv official census enumerations available are: 
1838 - - 22,500. 
1880 - - 21,920. 
1890 - - 28,000. 



1900 - - 32,5 76. 
1910 - - 38,300. 

State bonds purchased and held in trust by the United States for the 
Cherokees, under authority of the treaty of 1835, as shown by the Report 
of the Commissioner of Indian Affairs for the year 1839: 
General Fund. 
5% $ 94,000.00. 

5'/,' 250.000.00. 

57; 300,000.00. 

6% 761.39. 

6% 64,000.00. 

School Fund. 
5% $ 41,138.00 

53470 10,000.00. 

The interest on their invested funds that were paid to the general fund 
only as reported by the Commissioner of Indian Affairs in his reports for the 
following years were given as 










The exact dates of the regular elections of the Cherokee Nation were 
on the first Monday of August of the odd numbered years, and were as fol- 




18 39 Chief's 







1843 " 




1845 " 




1847 " 




1849 " 




1851 " 
185 3 " 




1855 " 




1859 " 







1867 " 











187 3 " 




1875 " 







1879 " 
1881 " 


John Ross, elected 

Died August 
1, 1866 

Rev. Lewis Downing, elected. 
Rev. Lewis Downing 
Rev. Charles Thompson. 
Dennis Wolf Bushyhead 

Died Nov. 
























" Ucnnis Wolf Bushyhead. 

'' Joel Br^an Mayes. 

" Joel Bryan Mayes. Died Dec. 14, 1891. 

" Samuel Houston Mayes. 

" and council only. Thomas Mitchell 
council only. 
" council only. William Charles Rogers. 

The courib of the Cheiokt'e Nation .vere aoolished by the act of con- 
gress of June 28, 1898, entitled ''An Act for the Protection of the People 
of the Indian Territory and for other purposes," effective July 1, 1898. 

Rev. Lewis Downing was Principal Chief from August 1, 1866 to Octob- 
er 18, 1866. William Potter Ross was elected Principal Chief by council in 
October 19, 1866, vice John Ross^ deceased and was elected November 11, 
1872 vice Reverend Lewis Downing, deceased. Assistant Chief Henry Cham- 
bers having predeceased Chief Joel B. Mayes by four days the succession de- 
scnded to Thomas Mitchell Buft'ington, President of the Senate, who held 
the office until Colonel Johnson Harris was elected and qualified on Decem- 
ber 2 3, 1893 and Bufi'ington was elected as Delegate to Washington. 

William Charles Rogers, the last Chief of the Cherokees was elected in 
1903 and under the provisions of the United States-Cherokee agreement made 
at Muskogee on July 1, 1902 this was the last election in the Cherokee Nation- 
but he was retained as Principal Chief of the Cherokees until his death on 
November 8, 1917, in order that he, as the properly authotized represenl:;- 
tive of the Nation, might sign the deeds transferring the title of the commun- 
ity lands of the Cherokee Nation to the individual allottees of the same. 

Oochalata, who spoke very little Eii,s;lish, was the son of a full blond 
Cherokee father and his mother was a white woman who spoke the Chero- 
kee language only. Oochalata owned and operated a good sized mercantile 
establishment at his home on Spavinaw Creek. On being elected senator 
from Delaware District in 1867 he thought that he should have an English 
name and said that as Dr. Jeter Lynch Thompson had been senator for a long 
time and because he was taking his place he would adopt the name Thompsoi 
and taking the sound of Chala out of his Cherokee name, Oo-cha-Ia-ta, he 
called himself Chala or Charles Thompson. For some time before Charles 
Thompson had been elected Chief, he had been a deacon of the Baptist church 
and had been acting as the local preacher in the commodious frame church 
house that he had and maintained. The Baptist church had refused to or- 
dain him, giving as their reason, the fact that he was a lawyer. Shortly after 
he was elected Chief he was ordained as a Baptist minister. 

Chiefs John Ross and his nephesv William Potter Ross belonged to the 
Ross party. Chief Dennis Wolf B-ushyhead belonged to the National party 
which was formed in 1879 and became the successor to the Ross party and 


all of the other chiefs belonged to the Downing party. 

Joseph Vann, who afterwards became a resident of Saline District was 
elected Assistant Chief on September 9, 1839. On June 26, 1840, Ander- 
son Vann, an "Old Settler" was chosen to succeed his brother Joseph, who 
resigned as a result of the political compromise of that date. George Lowery 
who had been sponsor for Sequoyah was elected Assistant Chief in 1843 and 
1847. Richard Taylor was elected in 1851. John or "Jack" Spears was 
elected in 1855. He was a full blood Cherokee; he had been left an orphan 
at an early age and took his name from a family that adopted him. A splen- 
did intrepreter, he was a popular and able man. Joseph Vann of Saline Dis- 
trict was again elected in 1859. Being a confederate sympathizer he was 
succeeded in the federal Cherokee government by Thomas Pegg in 1862. Pegg 
was a captain in Drew's confederate regiment, but on joining the federals in 
1862 he was elected Major of the Second Indian Home Guards U. S. A. 
Captain James Vann, a cripple, magnanimous, brave and humane was elected 
in 1867. Robert Buftington Daniel was elected in 1871 and died on Jan- 
uary 16, 1872. Captain James Vann was again elected, by the council on 
November 23, 1872 vice Daniels. David Rowe was elected in 1875. Colot;- 
el William Penn Adair, six foot and two inches in height, magnetic, logical 
and frankly agreeable, the ablest and most brilliant of all Cherokees, was 
elected in 1879 and did in Washington, D. C, on October 2 1, 1880. Rab- 
bit Bunch was elected by council on November 5, 1880 and reelected in 
1883. Samuel Smith was elected in 1887. Bunch and Smith were pros- 
perous full bloods, spoke the Cherokee language only and were distinguished 
orators. Henry Chambers ,a quarter blood or less, noted for his integrity and 
genial philosophic nature was elected in 1891 and died during an epidemic n( 
influenza on December 10, 1891. Stephen Teehee, a splendid type of the 
full blood Cherokee was elected by council on December 23, 1891. Rev- 
erand George Washington Swimmer, a full blood Cherokee and well to do 
merchant and farmer was elected in 1895 and 1899. David McNair Faulk- 
ner, a half blood Cherokee known best by his seasoned wisdom and earnesi 
integrity. A master Mason in every sense of the term, was elected August 3, 
1<;)()3. He was retained in the office until June 30, 1914. He died Angus', 
2, 1914. 

Joseph Vann. George Lowery, Richard Taylor, John Spears were elect- 
ed by the Ross party. Rabbit Bunch and Henry Chambers belonged to the 
National party. All of the other Assistant Chiefs were elected by the Down- 
ing party. 

The constitution of the Cherokee Nation was formed and promulgated 
near the mouth of the Tahlequah Creek, under a brush harbor but within a 
few days thereafter the council moved to the present site of Tahliquah and 
thence forward until the civil war the capitol was at that town, but the lo- 
cation was not fixed specifically by act of council until October 19, 184 1 
which was as follows: "An Act Establishing the Seat of Government. 

Be it enacted by the National Council, That the seat of the Cherokee 
Government is hereby established at Tahlequah. 

Tahlequah, October I9th, 1841. 


Approved A. M. V;inn, Acting Chief.'" 

The site was at that time a wooded valley with numerous sprinj;s, we.-i 
of and adjacent of Rev. Youngwolf's farm which had up to the spring of 183-1 
been the home of Blackcoat. Third Chief of the Old Settler Cherokees. it 
was settled by a band of Natchez before Blackcoat's tenure. 

The council passed an act prohibiting the destruction of timber within 
a quarter of a mile from Tahlequah, on October 4, 1839.- 

One hundred and sixty acres was platted into town lots and sold in 
1844.' Taleq, Tillico or Tahlequah had for years been a favorite town name 
with the Cherokees, although the origin of the name is unknown. 

On November 10, 184 7, council authorized the National Treasurer to 
contract for the erection of two hewed log buildings, each to be twenty feet 
square, a brick chimney, floored and ceiled overhead with plank, each crack 
to be stopped inside and out with mortar; shingle roof, one door and four 
windows, one story high and underpinned with stone. One for the use ol 
the committee and the other for the council, to he completed by the tirst day 
of October 1848, at a cost not to exceed two hundred and fifty dollars each. 
Said buildings to be erected on the public square at or near the sites occupied 
by the cabins that had been used by the committee and council.- These build- 
ings were constructed by James Kell who was paid for them by act of council 
on October 5, 1848.-" On October 14, 1848 an appropriation of four hundred 
dollars was made by council to have two buildings similar to the committee 
and council houses built for offices of the Chief and Treasurer.-* They were 
built in a row on the east side of the square and were used as capitol buildings 
until the civil war when they were burned on Otcober 28, 1863 by Colonel 
Stand Watie.' 

Under authority of an act of council of December 9, 1867, the present 
county court house of Cherokee County, Oklahoma, which was the capitol 
building of the Cherokee Nation until its dissolution, was built. 

According to the provisions of the constitution of 1839 a full comple- 
ment of otlicers were elected by that body on or about September 1839.- 

On account of the vigorous protests of the "Old Settlers" and "Treaty 
Party," on the unequal representation a new alignment of officers was agreed 
upon by a joint committee of the factions at Fort Gibson on October 26, 

The only members of this council whose names are available are: 
Committeemen; Thomas Fox, William Rogers, James Carey, Thomas Lewis 
Rogers. Captain William Dutch, John Duncan, Bluford West, George Wash- 
ington Adair, Joseph Lynch Martin, John Drew, Thomas Pegg, Reverend 
Truth Fields, John Spears, George Washington Gunter, James Spears, Hair 
Conrad, William Shorey Coody, President of the Senate and Reverend Steph- 
en Foreman, Clerk of the Senate. 

Councilors; Ezekeal Starr, William Holt, Lame Glass, Charles Thornton 
vice William Thornton,'^ Wind, Samuel W. Bell, James Rogers, Lovely Rogers, 
Rev. Youngwolf, Speaker of Council and David Carter, Clerk of Council. 

The committee was provided. for bv the twenty-two sections of the third 
article of the constitution of 18 39. The first eight districts: Delaware Saline. 


Going Snake. Tahlequah, Illinois, Canadian, Skin Bayou and Flint were creat- 
ed by act of council of November 4, 1840. The name of the Committee was 
changed to the Senate in 1867 but the latter will be used here as a matter 
of convenience. The Salaries were at first fixed by article three, section ten 
of the constitution at three dollars per day, subject to change by council. 
Senators from Delaware District. 

1841. Joseph Martin Lynch and the other one unknown. 

1843. Old Fields and Moses Daniel. The latter elected President of the 
Senate, vice Charles Coody, deceased. 

1845. James Kell and Anderson Springston. 

1847 . James Kell and Robert ButTington Daniel. 

1849. James Kell and Lewis W. Hildebrand. The former was elected 
President of the Senate. 

1851. James Kell and Charles Landrum. 

1853. James Kell and Charles Landrum. The former was elected 
President of the Senate. 

1855. Dr. Jeter Lynch Thompson and Charles Landrum. 

1857. Dr. Jeter Lynch Thompson and Jeffrey Beck. 

1895. Dr. Jeter Lynch Thompson and John Daniel. 

1861. Unknown. 

1867. Charles Thompson and Alexander Hawk. 

1869. Charles Thompson and Alexander Hawk. 

1871. Charles Thompson and John Landrum. 

18 73. Charles Thompson and Benjamin Franklin Landrum. 

1875. Lewis Ross Kell and Benjamin Franklin Landrum. 

1876. February 4th, Moses Ridge, vice Lewis Ross Kell, deceased. 

1877. Moses Ridge and Benjamin Franklin Landrum. The latter was 
elected President of the Senate and died February 18, 1879. 

1879. Joseph Dirteater and Walker A. Daniel. Daniel died Januarv 
9, 1880. 

1880. Noember 6, Aaron Tanner, vice Walker A. Daniel, deceased. 

1881. David Dixon Landrum and William Wirt Buffington. 
1883. Hiram Terrell Landrum and William Coffee Woodall. 

1885. Lucien Burr Bell and William Penn Henderson. The former was 
elected President of the Senate. 

1887. Lucien Burr Bell and Charles Thompson. 

1889. Lucien Burr Bell and William Penn Henderson. The former was 
elected President of the Senate. 

1891. Claude Lorraine Washburn and Thomas Mitchell Buffington. 
The latter was elected President of the Senate. 

1893. Claude Lorraine Washburn and Thomas Jefferson Monroe. 

1895. William T. Davis and Elias McLeod Landrum'. The latter re- 
signed on account of having accepted a position in Tahlequah. 

1897. Thomas Jefferson Muskrat and John Rogers Hastings. 

1899. Thomas Jefferson Muskrat and John Rogers Hasting^s. 

190L Thomas Jefferson Muskrat and John Rogers Hastings. 

1903. Thomas Jefferson Muskrat and William V. Davis. 


Senators from Saline District. 

1841. James Vann McNair and Joseph Vann. The latter was elected 
President of the Senate. 

1843. Reverand Beavercarrier and Charles Coody. The latter was 
elected President of the Senate and died in May 1844. 

Ti-se-ski elected, vice Charles Coody, deceased. 

1845. Clement Vann McNair and John Chambers. 

1847. Clement Vann McNair and Elijah Hicks. The latter was elected 
President of the Senate. 

1849. John Lucien Brown and Joseph Vann. 

185 1. Robert Daniel Ross and Reverand Lewis Downing. 

1853. Dr. Robert Daniel Ross and Thomas Pegg. 

1855. Dr. Robert Daniel Ross and Clement Neeley Vann. 

185 7. Dr. Robert Daniel Ross and Charles Landrum. 

1859. Dr. Robert Daniel Ross and Reverend Lewis Downing. 

1861. Not known. 

1867. Reverend Ooo-you-su-ta and Tog. 

1869. Reverend Oo-you-su-ta and William Penn Adair. 

1871. Reverend Rope Campbell and William Penn Adair. 

1873. Coti'ee Blackbird and William Penn Adair. 

1875. Reverend Rope Campbell and George Washington Clark. 

1877. Johnson Downing and Reverend Samuel Smith. 

18 7':\ Reverend Ooo-you-su-ta and George Sanders. 

188 1. Frog Sixkiller and Reverend Samuel Smith. 

1883. Frog Si.xkiller and Reverend Samuel Smith. 

1885. George Sanders and Clark Goingwolf. Tiie latter died Decem- 
ber 23, 1886. 

1887. March 15, Bird Jones elected, vice Clark Goingwolf, deceased. 

1887. Henry Clay Ross and George Sanders. 

1889. Henry Clay Ross and Reverend George Washington Swimmer. 

1891. Daniel Redbird and George Sanders. 

1893. Reverend Samuel Smith and George Sanders. 

1895. Reverend Samuel Smith and Drift Hummingbird. The former 
was elected President of the Senate. 

1897. George Sanders and John Reuben Leach. 

1899. George Sanders and John Reuben Leach. 

1901. Charles Teehee and Henry Clay Ross. 

1903. Thomas Smith and Daid Welch Ragsdale. 
Senators form Going Snake District. 

1841. James Starr and Charles Reese. 

1843. Thomas Foreman and Young Glass. 

1845. Thomas Foreman and Reverend Lewis Downing. 

184 7. Jefferson Hair and Dr. John Thornton. 

1840. Jefferson Hair and George Washington Scraper. 

1851. John Murphy and Thomas Fox Taylor. The latter was electee 
President of the Senate. 

1853. Aaron Wilkerson and James Foster. 


1855. Aaron Wilkerson and Thomas Fox Taylor. 

1857. George Hicks and Thomas Fox Tayhir. 'l"he latter was elected 

President of the Senate. 

1859. Aaron Wilkerson and John T. Fosted. The latter was elected 
President of the Senate. Wilkerson died during this term and Henry Crit- 
tenden was elected as his successor. 

1861. Not known. 

1867. Frog Sixkiller and Bud Gritts. The latter was elected President 
of the Senate and died on December 1, 1867. 

1869. Frog Sixkiller and Archibald Scraper. The latter was elected 

President of the Senate. 

1871. Tail Sixkiller and John Sliell. 

1873. Tail Sixkiller and Jesse Redbird. 

1875. Johnson Robbins and Jesse Redbird. 

1877. Johnson Robbins and Ezekial Proctor. 

1879. Richard Murrell Wolfe and Adam Feeling. 

1881. Johnson Robbins and Adam Feeling. 

1883. Johnson Robbins and Joseph McMinn Starr. 

1885. John Daniel Buffington and John Gritts. 

1887. Eli H. Whitmirei and Richard Murrell Wolfe. 

1889. Johnson Whitmire and Richard Murrell Wolfe. 

1891. Ellis Ruftington Alberty and Richard Murrell Wolfe. 

-893. Johnson Spade and Richard Murrell Wolfe. The latter was elect- 
ed President of the Senate. 

1895. Simon Ross Walkingstick and Parker Morris. 

1897. Simon Ross Walkingstick and Wolf Coon. The latter was elect- 
ed President of the Senate. 

1899. David Hitcher and Ned Bullfrog. 

1901. Lincoln England and Wolf Coon. 

1903. Ezekial Proctor and Ellis Buffington Alberty. 
Senators from Tahlequah District. 

1841. Daniel McCoy. Resigned. Other Senator not known. 

1842. David Carter, vice Daniel McCoy, resigned. 

1843. John Spears and James Sanders. 
1845. John Spears and James Sanders. 
1847. John Spears and Thomas Fox Taylor. 
1849. John Spears and William Potter Ross. 
1851. Thomas Pegg and William Potter Ross. 

1853. Nicholas Byers Sanders and William Potter Ross. 

1855. David Carter and WilHam Potter Ross. 

1857. John Thorne and William Potter Ross. 

1859. Thomas Pegg and Johnson Foreman. 

1861. Thomas Pegg. Elected President of the Senate. Other senator 
not known. 

1867. Allen Ross and Lewis Anderson Ross. 

1869. Allen Ross and Lewis Anderson Ross. 

1871. Allen Ross and Choo-hoo-sta. 


1873. Lewis Anderson Ross and Choo-hoo-sta. 

1875. Eli Spears and William H. Hendricks. 

1877. Ell Spears and Robert Bruce Ross. 

18/0. Eli Spears and William H. Hendricks. 

1881. Eli Spears and Robert Bruce Ross. 

1883. Jesse Sanders and Lacey Hawkins. 

1885. Ned Grease and John Albion Spears. The latter died. 

1887. May 5, Reverend Evans Price Robinson, vice J. A. Spears, de- 

188 7. William H. Hendricks and Lacey Hawkins. The latter was elect- 
ed President of the Senate. 

1889. William Triplett and John Ross Mei^s. 

1891. Ned Grease and Caleb Wilson Starr. 

1893. George Washinglon Benge and Robert Bruce Ross. 

1895 . William H. Hendricks and Daniel (iritis. 

1897 . Skake Manus and Michael Pritchett. 

1899. William Thomas Harnage and Colonel Johnson Harris. 

1901. Gideon Morgan- and George Washington Benge. 

1903. William Thomas Harnage and Charles Lawrence Saunders. 
Senators from lillinois District. 

1841. Moses Parris and Aaron Price. 

1843. John Drew and William Drew. The latter resigned in Decem- 
ber 1844. 

John Brewer elected, vice William Drew, resigned. 

1845. Alexander Foreman and Pheasant. 

1847. Alexander Foreman and William Llrew. 

1840. Alexander Foreman and John Drew. 

1851. Alexander Foreman and James W. Daniel. 

1853. Alexander Foreman and Richard Fields. 

1855. Alexander Foreman and James Mackey. The former was elect- 
ed President of the Senate. 

1857. Alexander Foreman and Richard Fields. 

1859. John W. Brown and John Brewer. 

1861. Not known. 

1867. Roach Young and Pig Smith, JJie latter was elected President 
the Senate. 

1869. Samuel Houston Benge and William Potter Ross. 

1871. Samuel Houston Benge and Pig Smith. The latter died Octob- 
er 1, 1871. 

William Potter Ross elected, vice Pig Smith, deceased. 

1873. Samuel Houston Benge and Daniel Hicks Ross. 

1875. Samuel Houston Benge and Roach Young. 

1877. Joseph Young and Roach Young. 

1879. Samuel Houston Benge and Timothy Meigs Walker. The for- 
mer was elected President of the Senate, vice John Porum Davis, deceased. 

1881. George Oceola Sanders. and Roach Young. The latter was elect- 
of the Senate. 


1883. Samuel Houston Benge and Roach Young. 

1885. John Hildehrand Cookson and Connell Rogers.^ 

1887. Samuel Houston Benge and Mortor Vann. 

1889. William Potter Ross and Roach Young. 

1891. Edley Levi Cookson and Martin Van Benge. 

1893. Roach Young and Martin Van Benge. 

1895. Roach Young and Edley Levi Cookson. 

1897. Redbird Smith and Connell Rogers. 

1899. Edley Levi Cookson and Connell Rogers. 

1901. Edley Levi Cookson and John Lafayette Brown. 

1903. Martin BtMige and John Lafayette Brown. 
Senators from Canadian District. 

1841. Captain William Dutch- and the other one unknown. 

1843. Captain William Dutch and Joseph Tally. Both resigned. 

1844. John Shepherd and Nelson Riley, vice Dutch and Talley, resign- 

1845. James Mackey and William Shorey Coody. The latter was 
elected President of the Senate. 

1847. Captain William Dutch and William Shorey Coody. The latter 
died April 16, 1849. 

1849. Josiah Reese and Lightninghug Bowles. 

1851. Daid Boggs and Nelson Riley. 

1853. David Boggs and Teesee Guess. 

1855. John Drew and Lightninghug Bowles. 

1857. John Drew and William Douhlehead. 

1859. Joseph Ahalom Scales and Daniel Coody. The latter died. 
Oliver H. P. Brewer, vice Daniel Coody, deceased. 

1861. Not known. 

1867. John Brewer and John Porum Davis.' 

1869. James Madison Bell and Johnson Foreman. 

1871. Richard Fields and Johnson Foreman. The latter died June 28, 

1872. August 22, Levi Toney elected, vice Johnson Foreman, deceased. 

1873. Richard Fields and John Porum Davis. 

1875. Stephen Hildebrand and John Porum Davis. The latter wa.s 
elected President of the Senate. 

1877. Joseph Martin Lynch and Calvin Jones Hanks. The latter was 
killed May 15, 1879. 

1879. Pleasant Napoleon Blackstone and John Porum Davis. The lat- 
ter was elected President of the Senate and died during this term of office. 

1881. Pleasant Napoleon Blackstone and Colonel Harris. 

1883. Abraham Woodall and Colonel Johnson Harris. The latter was 
elected President of the Senate. 

1885. Stand Watie Gray and Colonel Johnson Harris. 

1887. Stand Watie Gray and Joseph Martin Lynch. 

1889. Stand Watie Gray and Walter Scott Agnew. 

1891. James Harris and William McLain. 


1893. Stand Watie Gray and Charles Edward \'ann.- 

1895. Henry Clay Lowrey and William Vaiin. 

1897. Henry Clay Lowrey and William \'ann. 

1899. Henry Clay Lowrey and Wilson Girtv. 

lOoi. Henry Clay Lowrey and O. 11. I'. I?rewer. The former died 
March 20, 1 002. 

1002. August 7, Robert Emmetl West elected vice Henry Clay Lowrey. 

1903. Robert Enimett West and John Jay Sevier. 

Senators from Skin Bayou District. 

1841. Andrew Sanders and the other one not known. 
1843. John Benge and James Brown. 

184 7. George Washington Gunter and George C. Lowrey. The latter 
died on October 2 2- 1848. 

1840. George Washington Gunter and Sanders Choate. 

1851. November 4. The name of the District was changed by act of 
council fronr Skin Bayou to Sequoyah. 

1853. Joseph Proctor and Nicholas B. Byers. 

1855. Archibald Lowrey and Alexander Alexander. 

1857. James Brown anad Daniel Ross Nave. 

1850. Picken M. Benge and Daniel Ross Nave. 

1861. Not known. 

1867. Joseph Coody and Mink Downing. 

1869. Joseph Coody and Mink Downing. 

1871. William Wilson and Thomas Ross. 

1873. George Washington Wilson. The latter was elected President 
of the Senate. 

1875. William Chambers and Bluford Baldridge. The latter died De- 
cember 18, 1875. Rufus Bell Adair elected, vice Bluford Baldridge, deceased. 

1877. Joseph Seabolt and John Childers. 

18 79. David McNaiir Faulkner and John Childers. 

1881. David McNair Faulkner and Chee-chee. 

1883. Charles Oliver Frye^/ and Adam Lacey. 

1885. Stephen Teehee and John Edward Gunter. The latter resigned 
and was elected a member of the Citizenship Court. 

1887. May 5, Chee-chee elected, vice John E. Gunter, resigned. 

1889. David McNair Falkner and Stephen Teehee. 

1891. Charles Washington Starr and Charles Augustus Fargo. 

1893. John Edward Gunter and Isaac Abraham Jacobs'. 

1895. David McNair Faulkner and Charles Foreman. 

1897. John Edward Gunter and James Coleman. 

1899. John Edward Gunter and James Coleman. 

1901. David McNair Faulkner and Charles Oliver Frye. 

1003. George Washington Baldridge and George Bradley. 

Senators from Flint District. 

1841. Ezekial Starr and the other one not known. 



1843. Samuel Downing and Jesse Russell. 

1845. James Pritchett and Jesse Russell. 

1847. James Pritchett and Jesse Russell. 

1849. James Pritchett and Glory. 

1851. Jay Hicks and David Sanders. 

1853. Reverend Walter Adair Duncan and Samuel Chambers. 

1855. William Penn Adair and Richard Fields. 

1857. William Penn Adair and William Penn Boudinot. 

1859. William Penn Adair and J. A. Johnson. 

1861. Not known. 

1867. Eli Smith and Walter Christy. 

1869. Eli Smith and Keith Wahlaneeta. 

1871. Rabbit Bunch and George Keith. 

1873. John R. Ross and Johnson Keith. 

1875. John R. Ross and Jackson Christy. 

1877. John R. Ross and Robert McLemore. 

1879. Jackson Christy and John B. Teehee. The latter died and Ned 
Acorn was elected. 

1881. Samuel E. Sanders and Cicero Leonidas Lynch. 

1883. Ezekial Eugene Starr and Ned Acorn. 

1885. John B. Tulsa and William Young. 

1887. David Muskrat and Jackson Christy. 

1889. James Christy and Rabbit Bunch. 

1891. Ellis West Buft'ington and Adam Sevenstar. 

1893. Ellis Starr and Jackson Christy. 

1895. Andrew Taylor Paden and Charles Poorbear. 

1897. Jackson Christy and David Muskrat. 

1899. Benjamin Gilbreath Fletcher and Charles Scott. 

1901. Benjamin Gilbreath Fletcher and Charles Smith. 

1903. George Ferguson and Richard Lee Taylor'. 

Senators from Cooweescoowee District. 

1857. James McDaniel and Eli Murphy. 

1859. John Chambers and Jackson Tyner. 

1861. Not known. 

1867. James McDaniel and Robin Smith. 

1869. James Conner and Robin Smith. 

1871. John Chambers and Jesse Thompson. 

1873. John Chambers and Jesse Thompson. 

1875. Henry Chambers and James Horsefly. 

1877. Henry Chambers and DeWitt Clinton Lipel 

1879. Clement Vann Rogers^ and John Gunter Schrimsher. 

1881. Clement Vann Rogers and John Mcintosh. 

1883. Clement Vann Rogers and John Gunter Schrimsher. 

1885. Samuel Houston Mayes and DeWitt Clinton Lipe. The latter 
resigned and was elected a member of the Citizenship Court. 

1887. May 5, Francis Marion Musgrove elected, vice DeWitt Clinton 
Lipe. resigned. 


1887. John Gunter Scrimsher and Riley Wise Liiidsey^ 
1889. William Charles Rogers and Samuel Houston Mayes. 
1891. James McDaniel Keys' and Joel Lindsey Baugh. 
1893. William Edward Sanders' and George Washington Mayes''. 
1895. William Charles Rogers and John Thomas Gunter. 
1897. John Gunter Scrimsher and Joseph Martin LaHay. 
1899. Ellis Bufiington Wright and Clement Vann Rogers. 
1901. George Washington Mayes and John Franklin'. 
1903. Joseph Martin LaHay and Clement Vann Rogers. 
Article three, section nine of the constitution vests the following right: 
"Each branch of the National Council shall choose its own officers.'' In 
accordance with an act of council of October 4, 1839 it was stipulated thai 
"The Clerks of the National Committee and Council shall each receive three 
dollars per day while in service." The Clerks of the Senate were: 

1S41. Thomas Fox Taylor. 

1843. William Potter Ross. 

1845. Elijah Hicks. 

1847. Dennis Wolf Bushyhead. 

1849. Robert Buffington Daniel. 

1851. William Penn Boudinot. 

1853. William Penn Boudinot. 

1855. William Penn Boudinot. 

1857. Daniel McCoy Gunter. 

1859. Hercules T. Martin. 

1861. Joshua Ross. 

1867. Rev. Stephen Foreman. 

1869. George Washington Johnson. 

1871. George Washington Johnson. 

1873. Lucien Burr Bell. 

1875. Lucien Burr Bell. 

1877. Lucien Burr Bell. 

1879. John Leaf Springston. 

1881. Daniel Ross Hicks. 

1883. John Taylor Drew. 

1885. Robert Taylor Hanks. 

1887. Marmaduke Daniel. 

1889. Andrew Henderson Norwood. 

1891. William Presley Thompson, resigned. 

1893. Charles Worcester Willey. 

1895. Richard Murrell Wolfe. 

1897. Richard Murrell Wolfe. 

1899. Lucien Burr Bell. 

1901. Samuel Frazier Parks, resigned. 
Edward Northup \\'ashburn'. 

1903. Joel Lindsey Baugh. 
The Council or lower house- of the Cherokee legislature ^vas Provided 
for by the third section of article three of the constitution of 18 30 and the 


salaries were at lirst lixed by article three, section ten at three dollars per 
day, subject to change by act of council. 

Councilors from Delaware District. 

1841. Rev. j'uhn Huss and the other two unknown. 

184.^. Goo-la-chi, Chu-wa-chu-kah and Hanging Charles. The latter 
died and was succeeded by Little Pot. 

1845. James D. Wottord, William Tucker and Moses Pott. 

1847. Moses Pott, William Tucker and Peter'. 

1849. Moses Pott, Laugh at Mush and James V. Hildebrand. 

1851. Moses Pott, Laugh at Mush and James V. Hildebrand. 

1853. Laugh at Mush, James V. Hildebrand and Stand Watie. 

1855. Laugh at Mush, Pelican Tiger and Stand Watie. The latter was 
elected Speaker of the Council. 

1857. Laugh at Mush, Henry Davis and Stand Watie. The latter was 
elected Speaker of the Council. 

1859. Stand Watie, Pelican Tiger and James V. Hildebrand. 
1861. Not known. 

1867. Daniel Muskrat, Sequoyah Tanner and Aaron Tanner. 

1860. Aaron Tanner. Daniel Hilder, William Adolphus Daniel and 
Jeter Thompson Cunningham. 

187 1. Daniel Hider, Moses Ridge, William Adolphus Daniel and Josiah 

1875. Josiah Sutteeyah, Walker A. Daniel, William Coffee Woodall 
and Aaron Tanner. 

1877. Walker A. Daniel, William Coffee Woodall, Jelfrey Beck and 
Alexander Hawk. 

1879. John M. Miller, Thomas Fox Thompson, Rev. Charles Blue- 
jacket' and James Tuck Woodall. 

188 1. William Ballard. Aaron Tanner, Oo-so-wie, John Snell, George 
\\'ashington Fields and Arleecher Ridge. The latter died. 

1882-8-21. Daniel Chopper, vice Arleecher Ridge, deceased. 

1883. Daniel Chopper, Benjamin Seth Landrum, John Martin Daniel. 
Alexander Hawk, Qualatah and George Washington Ward. 

1885. Benjamin C. Chouteau, William Howell, John M. Miller, Joseph 
Lynch Thompson, Benjamin Franklin Lamar and Alexander Hawk. The 
latter was elected Speaker of Council. 

1887. Francis Marion Conner, Joseph Lynch Thompson, John M. 
Miller, Thomas Bluejacket", Samuel Russell and James Sanford Fields. 

1889. James Sanford Fields, Benjamin Franklin Lamar, John Hawkins, 
Simpson Foster Melton, Weatherford Beck and James Madison Monroe. The 
latter died November 10, 1890 and Beck died earlier in the same year. 

1800-10-30. hamuel Nidiffer elected, vice Weatherford Beck', deceased. 
James Proctor Butler' elected, vice James M. Monroe, deceased. 

1891. William T. Davis, James Riley Copeland," Rev. Jesse Starr, 
Ezekial Fields, William Ballard and Samuel Niditfer. 

1893. William T. Davis, James Bonaparte Woodall, Percy L. Walker, 
Thomas Ballard, Daylight Chopper and James Sanford Fields. 


1895. Benjamin Franklin Lamar, William Henry Doherty- John li. 
Martin, T. Wyman Thompson^ John M. Miller and William Stover. 

1897. James H. Hildebrand, Jellerson Dick, John Hamilton Gilison"'. 
Samuel Beck, Andrew Hyder and James Landrum McLaughlin. The latter 
died November lo, 1897. 
Benjamin Seth Landrum, vice James L. McLaughlin, deceased. 

1899. Edward Northrup Washburn, Lee Bell Smith", Johnson Fawling. 
James Franklin McCullough, Benjamin Cornelius England and James Bona- 
parte Woodall, John Pawling, Daniel Tananeesie and Andrew Hider. The 

1901. George Alexander Cox', Joseph Lynch Thompson, James Bona- 
parte Woodall, John Fawling, Daniel Tananeesie an dAndrew Hider. The 
latter died. 
James Henry Daniel, vice Daniel Hider, deceased. 

l'^io>. William Wiley Ward, Johnson Fawling, John Hamilton Gibson. 
Walter Winchester Breedlove, James H. Hildebrand and Thomas Thomas. 
Councilors from Saline District. 

1841. Chu-wa-loo-ky, John W. West anad Brice Martin. 

1843. Oo-soo-ya-duh, Chu-wa-loo-ky and Fishtail. 

1845. Oo-soo-ya-duh, Ka-nee-ta and Standingdeer. 

1847. Chu-wa-loo-ky. Willy Too-wa-ly and Standingdeer. 

1849. Standingdeer, Springfrog and Whale. 

1851. Chu-wa-loo-ky, Jesse Cochran and Sunday. 

1853. Rev. Lewis Downing, Springfrog and Standingdeer. 

1855. Rev. Lewis Downing, Standingdeer and John Chambers. 

1857. Standingdeer, Archibald Vann and Walker. 

1859. Charles Wicklirte, Springfrog and Adam Laeey. 

1861. Not known. 

1867. Stand Whirlwind, Necooie Thompson and Daniel Redbird. 

1869. Moses Sixkiller and the other two not known. 

1871. Chun-he-ne-tah. Lacey Hawkins and CoHee Blackbird. 

1873. Daniel Redbird, Oo-you-su-ta and George Washington Clark. 

1875. Oo-you-su-ta, Cofi'ee Blackbird and Lacey Hawkins. The latter 
was elected Speaker of Council. 

1877. Daniel Redbird, Youngwolf and Youngbird. 

1881. Johnson Bigacorn, Bird Jones and Benjamin Franklin Adair. 

1883. Goingsnake and Oo-you-su-ta. 

1883-9-10. Bird Jones. Probably on a tie. He was elected speaker 
at Council. Oo-you-su-ta died July 6, 1884. 

1885. Johnson Bigacorn, George Washington Swniimer and Frank 


1887 Osceola Powell Benge, William Batt and Frank Consene. 

1889. James Wicklirte- Frank Consene and Frog Sixkiller. The latter 
died in April 1891. 

1891 Frank Consene, Wilson Cummings and Eli Batt. 

1893. William Batt, Jackson Ross and Bird Jones. The latter was 
elected Speaker of Council. 

1895. Frank Consene, William Batt and Stephen Boney. 


1897. Johnson Bigacorn, Jackson Ross and Eli Batt. 

1899. Lucullus Rowe, Jesse Drywater and Daniel Squirrel. 

1901. William Standingwater, David Hair and Daniel Squirrel. 

1903. James Lovely Bumgarner, George Bluford Downing and Cicero 
Johnson Howard'. 

Councilors from Going Snake District. 

1841. Robert Parris and the other two unknown. 

1843. De-nah-lah-whi-stah. Sixkiller and William Proctor. 

1845. De-nah-lah-whi-stah, Sixkiller and William Proctor. 

1847. George Hicks, Sixkiller and Archibald Vann. 

1849. John Young, George Hicks and Sixkiller. The latter elected 
Speaker of Coinicil. 

I85i. Richard Wilkerson, Sixkiller and William Proctor. 

1853. Joseph McMinn Starr, Sixkiller and James Hair. 

1855. John T. Foster, John Young and George Washington Scraper. 

1857. Too-nah-na-la Foster, George Washington Scraper and John 

1859. George Washington Scraper. Cricket Sixkiller and Bird Gritts. 

1861. Not known. 

1867. Archibald Scraper, Tail Sixkiller and John Shell. 

1869. Tail Sixkiller, Corn Silk and John Shell. 

1871. Nee-tah-kee-kah, Soldier Sixkiller and Walter Feeling. 

1873. Archibald Scraper, Eli Wright, John Wright Alberty and Soldier 

1875. Walter Christy, John Shell, Ellis Hogner and John Williams. 

1877. Tail Sixkiller. Charles Augustus Rider, Walter Christy and Corn- 

1879. Peacheater Sixkiller, John Sanders, George Washington Critten- 
den and James Crittenden. 

1881. George Washington Crittenden, John Sanders, Tail Sixkiller and 
John Walking-stick. 

1883. George Washington Crittenden, Wolf Coon, John.son Spade and 
Joseph Chooie. 

1889. Johnson Spade, William Mitchell Ned Bullfrog and Nelson Ter- 

1891. John Daniel Buffington, Wolf Coon, Coming Snell and Jeflerson 

1893. Lincoln England, Ned Bullfrog, Thomas Still and Carselowy Ter- 

1895. Aaron Goingwolf, David Blackfox. William Wolf and Edward 
D. Foreman. 

1897. Lincoln England, Abraham Sixkiller, James Russell and William 

1899. Lincoln England, John Sanders, Jack Soap and Walter Scott 

190 1. Francis Clark Adair\ Benjamin Mocker. John Sanders and 
Thomas Still. 


1903. Thomas Welch, Francis Clark Adair, Edward Adair Clyne' and 
Alexander Corntassel. 

Councilors from Tahlequah District. 

1841. John Riley and the other two not known. 

1843. John Riley, Archibald Campbell and Hair Conrad. The laitei 
died November 2, 1844. John Riley died February 14, 1845. 

1845. Joseph Spears, John Young and Archibald Campbell. The lat- 
ter was elected Speaker of Council. 

1847. Rev. John Fletcher Boot, John Young and Archibald Campbell. 
The latter was elected Speaker of Council. 

1849. Samuel Downing, James Sanders and Joseph Spears. 

1851. Daniel Colston, Johnson Keith and I.ooney Riley. The latter 
was elected Speaker of Council. 

1853. Jesse Sanders, Johnson Keith and John Thorne. The latter was 
elected Speaker of Council. 

1861. Not known. 

1867. Peach Watts, Choo-hoo-stah and Osceola Hair. 

1869. Nathaniel Fish, Osceola Hair and the other one unknown. 

1871. William H. Hendricks, Osceola Hair, Nathaniel Fish, French and 
Rufus O. Ross. 

1873. William H. Hendricks, John Hendricks, Samuel Osage, Rabbit 
Downing and Columbus Baldridge. 

1875. James Shelton, Robert Bruce Ross, Ned Grease, Rabbit Down- 
ing and Joseph Brown. The latter a Negro. Rabbit Downing died October 
31, 1876. 

1876-11-20. Osceola Hair, vice Rabbit Downing, deceased. 

1877. William Triplett, Ned Grease, Yartunnah -Vann, Osceola Hair 
and John Hendricks. 

1879. Ellis Johnson, Columbus Baldridge, Ned Grease, John Hendricks 
and Osceola Hair. The latter was elected Speaker of Council. 

1881. Osceola Powell Daniel, Osceola Hair, Yartunnah Vann, Bug 
Tucker and John Parris. The latter died July 26, 1882. 

1882-8-21. Samuel Houston Downing, vice John Parris, deceased. 

1883. John Proctor, George Swimmer, Bug Tucker, John Hendricks 
and Ned Grease. 

1885. George Downing, Calib Starr Thompson, Thomas HendnckJ. 
Benjamin Kitcher^and Hunter Brown. The latter died April 25, 1886. 

1886-6-11. Phillip Osage, vice Hunter Brown, deceased. 

1887. Mankiller Kitcher, Return Robert Meigs, Johnson Fields, Michae! 
Pritchett and Benjamin Kitcher. The latter died December 8. 1887. 

1889. Charles Tehee, Wilkerson Hubbard Parris, Philip Bennett. Daniel 
Gritts and Osceola Dew. 

1891. Daniel Gritts, Thomas Shade. John R. Gourd, Skake Manus and 
John Hendricks. 

1893. Michael Pritchett, Thomas Horn, Rev. Leonidas Dobaon- Joseph 
Downing and Stick Ross. The latter a negro. 


1895. Michael Pritchett, Key Ketcher, Return Robert Meigs, David 
Tipton and Ned Irons. The latter a Negro. 

1897. David Downing, Wilkerson Hubbard Parris, Key Ketcher, Boot 
Pigeon Jack Roberson. 

1899. Wilkerson Hubbard Parris. John Franklin Wilson, Joseph Down- 
ing, Ross Taylor Daniel and Jesse Pigeon. 

1901. Wilkerson Hubbard Parris, Benjamin F. Johnson, Robert Col- 
burn Fuller, Philip Osage and Charles Lawrence Saunders. 

1903. Willes Tayi^or Richards, William Wallace Ross, Noah Parris and 
Wilkerson Hubbard. 

1903-9-21. Ross Taylor Daniel. Elected on this date on account of a 
tie in the regular election. 

Councilors from Illinois District. 

1841. Richard Drew, William Drew and Archibald Fields. The latte- 
was elected Speaker of Council. 

1843. Richard Drew, Archibald Fields and William Drew. The latter 
resigned in December 1844 and Archibald Fields died in September 1844. 

1844. John Brewer, vice Archibald Fields, deceased. 

1845. Robert Lovett, John Brewer and Allen Ratley. 
1847. Da-gah-sta-sca, John Brewer and James Mackay. 
1849. Pheasant, Allen Ratley and Richard Benge. 
I85l. Allen Ratley, James Souiekiller and Joseph Duval. 
1853. Allen Ratley, John W. Brown and Moses Parris. 
1855. John Brewer, George Chambers and Joseph Duval. 
1853. Allen Ratley, John W. Brown and Moses Parris. 
1855. John Brewer, George Chambers and Joseph Duval. 
1857. Ellis Fox Phillips, Edward Smith and Singer Justice. 

1859. Allen Ratley, John Boston and George Chambers. The latter 
died and was succeeded by Diver Glass. 

1861. Not known. 

1867. John Rogers Duval, Daniel Backbone and John Young. The 
latter elected Speaker of Council. Daniel Backbone died October 25, 1867. 

1867. Joseph Cornsilk vice Daniel Backbone, deceased. 

1869. Thomas Fox Brewer and the other two unknown. 

1871. Lewis Hicks, Wallace Vann, Robin Crawford and John Rogers 
Duval. The latter was elected Speaker of Council. 

1873. Robin Crawford, John Mussel, Daniel Kedbird and John Rogers 
Duval. The latter was elected Speaker of Council. 

1875. William Young. John Mussel, Richard Boggs and John Rogers 
Duval. The latter two died. Wallace Vann, vice John R. Duval, deceased. 

1876-4-3. Daniel Hicks Ross, vice Richard Boggs, deceased. 

1877. James RaincTow, William Snow Brewer, Bushyhead Sevier and 
Wallace Vann. 

1879. Simon Girty, Dekinney Waters, George Drum and Henry Clay 
Starr. The latter died November 16. 1879. 

1879-12-4. Joseph Young, vice Henry C. Starr, deceased. 


188 1. John Hildebraiui Cookson, Lawson Ruiiyan, Ciiarlcs \\:i>liiii;; 
ton Starr and John Young. The hUler died. 

1882-8-2 1. John Bean Johnson, vice John ^'oiing, deceased. 

1883. John Benge', Joseph Topp, Dekinney Waters and Colunilius 
1883-9-10. John Raincrow. 

1885. George Bulleth Foreman, John Walker, Dekinney Waters and 
Jack Brown. 

1887. Lawson Runyan, Redbird Smith, Joseph I'opp, John Raincrow 
and Frank Vann. The latter was a Negro. John Raincrow died and was 
succeeded by George Mc Daniel. 

1889. Redbird Smith, Morgan West, Joseph Tapp, John Glass and 
George McDaniel. The latter died and was succeeded by Stephen Hildebrand. 

1891. Wallace Thornton, Lorenzo Dow Chambers, Wallace \'ann. 
Cabin Miller and Fox Glass. 

1893. John Wesley Sharp, Jesse Hair, John Walk'er, Charles Fodder 
and George Benge. 

18^5. John Wesley Sharp, John Stearns, Creek Sam, Charles Bark 
and Samuel Stidham. The latter was a a Negro. 

1807. John Terrell. George Waters, .Ale.xander McCoy, John Thomp- 
son and Charles Percival Pierce. 

1899. Moses Frye Sanders, Dekinney Waters, George Bulleth Fore- 
man, Richard Martin Walker and Samuel Stephen Sanders. 

1901. Richard Martin Walker, .Alexander Ballard, Alexander McCoy, 
Moses Frye Sanders and Martin \'an Benge. I he latter was elected Speaker 
of Council. 

10(1^. Samuel Stephen Sanders, Charles Harris Sisson, Walter Scott. 
William Frank Sanders and Frank Gonzales. 

Councilors from Canadian District. 

1841. Joseph Talley, Wind and Wrinklesides. 

1843. Lightningbug Bowles, Dahlahseenee and Oosoody. Bowles 
would not qualify and Lewis Riley was elected. Dahlahsunee died October 
26, 1844 and Oosoody died November 29, 1844. 

1845. Lewis Riley, John Shepherd and Jetferson Nivens. 

1847. Lightningbug Bowles, Jacob Tho;ne and Wiliam Doublehead. 

1840. Leggings\ David Boggs and William Arnold. 

1851. Charles Chambers, John Porum Davis and third party unknown. 

1853. Leggings, Lightningbug Bowles and Duqulilu Wagon Bowles. 

1855. Dempsey Fields, Lightningbug Bowles and DuquliUi Wagon 

1857. Lightningbug Bowles, William Recs and William Arnold. 

1859. Lightningbug Bowles, Cabin Smith and John Porum Davis. 

1861. Not known. 

1867. James Christopher McCoy. Calvin Jones Hanks and Sandci> 


I 860. 

Rev. John Sevier- Charles Drew and other parly unknown. 

!71. Franklin Gritts, James Christopher McCoy and other party un- 



18 73. Stephen Hildebrand, .John Q. Hayes and Franklin Gritts. 

1875. Rev. John Sevier, Snake Grity and Thomas Watts. 

1877. Rev. John Sevier, Thomas Watts and George Teehee. 

1879. Robert Tavlor Hanks, Henry Clay Lowrey and James Muskrat. 

1881. Robert Taylor Hanks, Thomas Watts, Wilson Girty and Rev. 
John Sevier. The latter was elected Speaker of Council. 

1883. Wilson Girty. Thomas Watts, George Downing and Ri charJ 

1885. Franklin Gritts, George Downing, Richard Crossland and Henry 
Clay Eowrey. 

1887. Richard Neal, Walter Scott Agnew, Charles Jones and Richara 

1889. Isaac Groves, Richard Crossland, William Shepherd and Wil- 
liam Henry Barker. The latter was elected Speaker of Council. 

William Shepherd died January 23, 1890. 

1801. Thomas Fox Woodall. Isaac Groves, Thomas Fields and John 
Dimar Jordan'. 

1893. William Vann, Isaac Groves, John Dimar Jordan and Thomas 

1805. Jesse Bushyhead Raymond, Thomas Jefferson Whisenhunt", Dun- 
can Leader and William Billingslea Beck^. 

1897. Jesse Bushyhead Raymond, Thomas Jeft'erson Whisenhunt, Wil- 
liam Billingslea Beck and John Alexander Sevier. The latter died June 5, 

1898-8-8. McCoy Smith, vice John A. Sevier, deceased. 

1899. Robert Emmett West'/, McCoy Smith, David Downing and Jesse 
Bushyhead Raymond. The latter died October 28, 1900. 

1900-12-3. James Jay Sevier, vice Jesse B. Raymond, deceased. 

1901. James C. Grooves, Walter Scott Agnew, McCoy Smith and John 
Ross Fields. 

1903. John Ross FieldS' James C. Groves, Thomas Fox Woodall and 
Anderson Pierce Lowrey. 

Councilors from Skin Bayou District. 

1841. John Lowrey McCoy, Sawnee Vann and the other one not 

1843. Tobacco Will, Hunter Langley and James Madison Payne. The 
latter was elected Speaker of Council. Hunter Langley died in September, 

1845. James Brown Jr., Oganstota Logan and Young Elders. The lat- 
ter died October 2, 1845. 

1847. Wrinklesides, Nicholas B. Byars and Andrew Sanders. 

1849. Young-puppy, Andrew Sanders and Nicholas Porter. 

1851. Andrew Sanders. Thomas Sanders and Nicholas Porter. 

The name was changed from Skin Bayou District to Sequoyah District 
by an act of National Council on November 4, 1851. See page 227, Chero- 
kee Laws of 1852. 


Councilors from Sequoyah District. 

185 3. Black Eo.\, Uutsasa and Walter Lee. 

1855. Dutsasa, Bat Puppy and Step. 

1857. Black Fox, William Benge and Samuel Houston Benge. 

1859. Crapgrass, Walter Lee and William Benge. 

1861. Not known. 

1867. Joseph Seabolt, Stephen Teehee and Cheechee. 

1869. Richard Benge. John Crossland and David McNair Faulkner. 

1871. Richard Benge, Thomas Pettit and Cheechee. 

1873. John Blalock, John Childers and John Choate. 

1875. Joseph Seabolt, John Walkingstiek and Jesse Baldridge. The 
latter died December 13, 1876. 

1877. David McNair Faulkner, Lorenzo Dow Chambers and Columbus 

1879. Joseph Starr, Cheechee and Frank Mayo Morgan. 

1881. Charles Augustus Fargo, Columbus Benge and Adam Lacey. 

1883. Josiah Seabolt> Joseph Starr and William Holt. 

1885. William Holt, Josiah Seabolt and Thomas Blair. 

1887. Edward Everett Adair, George Washington Gunter and Davia 
M. Lee. 

1889. Joseph Starr, William Holt and Calvin Fargo. 

1891. William Chuculate, Thomas Blair and John Roastingear. 

1893. George Washington Swimmer, William Bethel and James Cole- 

1895. Obediah Martin Benge, Isaac Abraham Jacobs\ and Edward 
Everett Adair. 

1807. James Madison Seabolt. George Chuculate and William Charles 
Dumont Patton". 

1809. David Jesse Faulkner"', James Wllloughby Breedlove^ and John 

100 1 .William NuchoUs Littlejohn"', Andrew Jackson Rogers and Ellis 


1903. Tandv Walker Adair, Daniel Holt and Gideon Jay Patton. 
Councilors from Flint District. 

1841. Samuel Chambers, Oganstota Logan and one other. 

1843. Chu-noo-luh-hus-ky, Bark Flute and David Downing. 

1845. Chu-noo-luh-hus-ky, John Key and Bark Flute. 

1847. Bark Flute, William Grimmett and George Chambers. 

1840. Charles Downing. John Keith and George Chambers. 

1851. George Chambers, Charles Downing and Eli Smith. 

1853. George Chambers, John Keith and George Blair. 

1855. Charles Downing, Ellis Sanders Harlan and John Glass. 

1857. Charles Downing, William Gritlin and John Glass. 

1859. William Grit^in, James Vann and Tsa-la-tee-hee. 

1861. Not known. 

1867. Wah-lah-nee-tah, Alexander Scott and Chicken Christy. 

1869. Not known. 



1871. Oo-squa-Iuke, Chicken Christy and Poorbear. 

1873. Oo-squa-luke. Chicken Christy and John B. Tulsa. 

1875. Charles Poorbear, James Christy and Richard Glory. 

1877. Nicholas B. Byers, John Shell and John Batt. 

1879. David Muskrat, Charles Sanders and Samuel E. Sanders. 

1881. French Rowe, Robert McLemore and James Teehee. 

1883. John Justice, Dirtthrower Vann and Sundaychair. 

1885. French Rowe, Lewis Cochran and Sundaychair. The latter died. 

1885-10-1'5. Rev. Isaac Sanders, vice Sundaychair, deceased. 

1887. Charles Siiiith, Johnson Simmons and Robert McLemore. The 
latter died and Taylor Duncan was elected in his stead. 

1889. James Christy, Charles Poorbear and James Starr. 

1891. Lewis Cochran, John Justice and Candy Adair. 

1893. Chulio Liver, George Scott and Rufus Cochran. 

1895. Hoolie Sanders, Dirtthrower Vann and Johnson Simmons. Tlie 
latter was elected Speaker of Council. 

1897. Oo-squa-luke, Wiley Bolin and Peter Bird. 

1899. Dirtthrower Vann, Andrew Otterlifter and Geor.i^e Deer-in-the- 

lOoi. James Starr, Geors^e VVashin^^ton Fernuson and William Taylor. 

l9o3. Thomas Colbert Butlinijton, Martin Hopper and Thomas Sanders. 

Counciiors from Cooweescoowee District. 

185 7. John Chambers, Robin Smith and John Lucien Brown. 

1859. Lewis Melton, James Hair and Oo-soo-ya-ta. 

1861. Not known. 

1867. Jesse Thompson, Writer and John Glass. 

1869. Jesse Thompson, John Chambers and Juniper Mills. The latter 
was elected Speaker of Council. 

1871. John Lucien Brown, John Pawling, Hiram Terrell Landrum and 

1873. Hiram Terrell Landrum, Samuel Houston Downing, Joseph 
Thompson and Thomas Hatchett. 

1875. Thomas Hatchett, Looney Riley, Jesse Thompson and Joseph 

1876-2-28. John Bullette, vice Joseph Thompson, deceased. 

1877. William Henry Mayes, William McCracken, Bear Timpson ana 
Jesse Thompson. The latter was elected Speaker or Council. 

1879. Rev. Dempsey Fields Coker, George Swannock, William Sunday 
and John H. Secondyne. 

1881. Francis Marion Musgrove, James Horsefly, Joe Parker, William 
Charles Rogers, Josiah Henry, Johnson Fisher and John R. McNair. 

1883. William Charles Rogers, John Young, Washington White, Albert 
Morris, John Glass, John Martin Thompson and John Lucien Brown. The 
latler died April l 2, 1884. 

1884-7-14. Nelson Foreman, vice John L. Brown, deceased. 

1885. James Walker, Nelson Foreman, Albert Morris, Austin Lowrev, 


Marmaduke Daniel, George VVashinotoii Bible and George Wa^hiir^tnr, 

1887. Edward Sunday, William Winter Chambers, James Chambers. 
George Washington Walker, Arthur Armstrong, Daniel Webster Vann and 
Henry Rogers. The latter died. 

1888-1-24. Francis Marion Musgrove, vice Henry Rogers, deceased. 

1889. George Washington Walker, Ezekial Taylor, William Winter 
Jerry Alberty. The latter a Negro. 

1891. John M. Tucker, William Richard Mills, John Ross Carter, Jo- 
seph Benson Coblr, George W^ashington Mayes, Ale.xander Lewis McDaniel 
and George Washington Clark. The latter was elected Speaker of Council. 

1893. Joseph Benson Cobb, Coocoodigesky, Valentine Gray, Samuel 
Tiblow, Kollin Kirk Adair, John Sarcoxie and James Monroe Crutchtield. 
The latter died. 

1894-9-25. Caldean Ward, vice James M. Crutchtield, deceased. 

1895. Jesse Bean Burgess, Daniel Webster Vann, Bluford West Rider. 
Cyrus Cicero Cornatzer, Job Parker, William Johnstone and John R. Gourd. 

1897. John Sanders, Benjamin Hildebrand, George Washington Walk- 
er, Josiah Henry, Ellis Buftington Wright and John Ross Mslntosh'. The 
latter was elected Speaker of Council. 

1899. Benjamin Hildebrand, Bluford West Starr, Cyrus Cornatzer. 
Ellis Manchell Eaton, Frederick McDaniel, Edward Alexander Adair and 
James Sanford Davenporf. The latter was elected Speaker of Council. He 
was the only White man that was in the constitutional succession to the office 
of Principal Chief of an Indian tribe. 

1901. Samuel Houston Mayes, Henry Cirkham Walkey'', George Pump- 
kin, William Lafayette Trott\ Teesee Chambers, Ellis Manchell Eaton and 
Emmett Starr. 

1903. John Zollicotfer Hogan, Virgi IHarvey .-Xdair, John Henry Shu- 
feldt', John Young, John Lewis Denho, Francis .-Mexander Billingslea and 
William Joel Walker. 

Delaware District was named from a town or settlement of Delaware 
Indians on the south side of Spavinaw Creek, near Eucha from about 1820 to 
18 39. 

Saline District was named for the salt spring at Grand Saline, one mile 
east of Salina. 

Going Snake District was named for Goingsnake, a noted Cherokee ora- 
tor and Speaker of Council in 1828. 

Tahlequah District was named for the town of Tahleijuah, capita! of 
the Cherokee Nation from 183<) to 1898. 

Illinois District was named from Illinois River, which was named by the 
early French "courier du bois." 

Canadian District was named from Canadian River. This district al- 
ways nominated only one ticket for election. 

Skin Bayou District was named from the stream of that name. Th- 
name was changed to Sequoyah in honor of the inventor of the Cherokee syl- 


Flint District was named tor its predominent geological formation. 
Cooweescoowee was Chief John Ross' Cherokee name. 

Clerks of the Council. 
See Article three, section nine of the constitution for authorization of 
ollice and act of Council of October 4, 1839 for salary. 

1841. Rev. Jesse Bushyhead. 

1843. Jonathan Mulkey. 

1845. Rev. David McNair Foreman. 

1847. Hercules T. Martin. 

184';). Hercules T. Martin. 

1851. Thomas B. Wolf. 

1853. Thomas B. Wolf. 

1855. Hercules T. Martin. 

185 7. Hercules T. Martin. 

1859. Thomas B. Wolf. 

1861. Thomas B. Wolf. 

1867. Thomas B. Wolf. 

1869. Clement Neeley Vann. 

1871. Ellis Sanders. 

1873. George Osceola Sanders. 

1875. Allen Ross. 

18 77. John Francis Lyon. Resigned. 

Daniel Ross Hicks, vice John F. Lyon, resigned. 

1879. Daniel Ross Hicks. 

1881. Joel Bryan Mayes. Resigned. 

Joel B. Mayes, resigned. 

1883. Seaborn Cordery. 

1885. Clark Charlesworth Lipe. 

1887. Richard Baxter Choate^-. 

1889. William Presley Thompson. 

1891. Walter Goss Fields. 

1893. John Henry Dick. 

1895. John Reuben Leach. 

1897. William Wallace Ross. 

1899. Claude Stull Shelton. 

1901. Claude Stull Shelton. 

l':)0 3. Martin Rowe. 
Judges of Delaware District. 
Office authorized by the Constitution of 1839. 

Salary one hundred dollars per annum. Act of Council October 4, 1839. 
Benjamin B. Wisner 1841; James Kill 1843; James V. Hildebrand 1845; 
David Kell 1847; Peter 1849 and I85l; George Owen 1853 and 1855; 
Luther Rice 1857 and 1859; Elowie Butler 1867 and 1869; William Coffee 
Woodall 1871; Unknown 1873; Isaac Turner 1875; Robert Fletcher Wylev 
1877, 1879, 1881 and 1883; Joseph Lynch Ward 1885 and 1887; Thomas 
Mitchell Buffington 1889, having been elected senator he resigned in Novem- 
ber 1891 and Dudley H. Tucker was appointed; Joseph Lynch Ward 1891; 


Elias McLeod Lundium' 180.3; Joseph L.ynch Ward 1895 aiui James Bima- 
parte W'oodall in 1 S')7. 

Judges of Saline District. 

Bluford West 1841; Bird Doulileliead 184i and 1845; John Mclnlosh 
1847; Benjamin B. Wisner 1849; Joseph V. Chugan' I85l; Archibald Vann 
1853; Daid Rowe 1855 and 1857; Andrew Ross 1859; Not known 18()l; 
Charles Wicklitie 1867 and 1869; Saturday Vann 1871, suspended; Redbird 
Sixkiller, June 6, 1872, vice Saturday Vann; Saturday Vann 1873; Elowie 
1875; Not known 1877; Coffee Blackbird 1879; George Washington Scraper 
1881; Carter Daniel Markham 1883; Henry Clary Ross 1885; ColTee Black- 
bird 1887, he died January 26, 1888, Charles Wickliffe, appointed vice Cotlee 
Blackbird, deceased, Charles WicklilVe died August lo, 1888, George Feeliii.< 
appointed August 14, 1888 ice Charles Wicklille, deceased; David Welch 
Ragsdale 1889; Henry Clay Ross 18<)i, is')^ and 1895 and Edward Svlvesler 
Adair 1897. 

Judges of Going Snake District. 

Joseph McMinn Starr 1S4 1 ; Moses Downing 1843, he died September <>, 
1845; John T. Foster 1845; Benjamin Vann 1847; Eli Murphy 1849; E. G. 
Smith 1851; Eli Murphy 1853; John D. Paxton 1855; Johnson Reese 1857; 
Johnson Robbins 1859 and 1867, Wiley Glover Thornton 1869; Henry 
Crittenden 1871; Johnson Whitmire 1873; Nelson 'i'errapin 1875; Joseph 
McMinn Starr 1877; James Lafayette Bigby 1879, 1881 and 1883; Jesse 
Redbird 1885; John Virgil McPherson 1887; Edward D. Foreman 1889: 
Adam Lacey I89i; Joseph McMinn Starr 189^, he died and Pleasant H. Hol- 
land \\'as appointed; John R. Crittenden 1895, he died in July 1896 and 
John W. Holland was appointed; Joseph Smallwood 1897. 
Judges of Tahlequah District. 

David Carter 1841; Riley Keys 1843; Thomas B. Wolf 1845; .Mose 
Hildebrand 1847; David Hildebrand 1849; Thomas Davis 1851 and 1851; 
Jay Hicks 1855; David Hildebrand 1857; Thomas Davis 1859; Jackson R. 
Gourd 1867; Unknown 1869; Jackson R. Gourd 1871; James R. Hendricks 
1873 and 1875, he was suspended and Henry Dobson Reese, appointed; Wil- 
liam H. Turner 1877; Mankiller Ketcher 1879; Lord Wellington Shirley 
1881; Osceola Hair^ 1883; John Wesley Wolf 1885 and 1887; Benjamin 
King 1889; Lord Wellington Shirley 1891; John Wesley Wolf 1893; Jef- 
ferson Robertson 1895 and William Triplett 1897. 
Judges of Illinois District. 

James Mackav 1841; James SouiekiUer 1843 and 1845; John Thomp- 
son 1847; Smith Thornton 1849; Unknown 1851; George Washingto:i 
Gunter 1853; Rev. Walker Carey 1855; James Mackey 1857; James Souie- 
kiUer 1859; Unknown 1861; Amos Thornton 1867; Jacob Bushyhead l80O; 
Amos Thornton 1871 and 1873; George Osceola Sanders 1875 and 1877; 
Amos Thornton 1879; Timothy Meigs Walker 1881; George Osceola San- 
ders 1883; John Silversmith 1885, he died and Thomas Ballard was ap- 
pointed on December 29, 1886. Ballard died March 12, 1887 and George 
Osceola Sanders was appointed March 23, 188 7. Wallace Ratley 1887. 


GeorgL- BuUette Foreman 1.S89 and 1891, he died July 4, 1892 and Richard 
Martin Walker was appointed; Edley Levi Cookson 1893; Henry Clay Mdgs 
1895 and William Thompson 189 7. 

Judges cf Canadian District. 

John Brewer 1841; Robert G. Anderson 1843; Nelson Riley; George 
Washington Campbell 1847; William Reese. 1849; Lewis Riley I85l; Wil- 
liam Reese 1853; Star Deer in the water 1855; Dempsey Fields 1857; Wil- 
liam Doublehead 1859; James Ore 1861; Joseph Martin Hiidebrand 1867 
and 1869; Abraham Woodall 1871, 1873, 1875, 1877, 1879 and 1881; 
Stephen Hiidebrand 1883 and 1885; Henry Clay Lowrey 1887 and 1889. 
Herman Johnson Vann 1891 and l8')3; Walter Scott Agnew 18')5 and 
Herman Johnson Vann 1897. 

Judges of Skin Bayou District. 

William Wilson 184!; Michael Waters 1843, he died April 6, 1845, 
George Washington Gunter 1845; Felix Riley 1847 and 1849; Unknown 

Judges of Sequoyah District. 

George Washington Gmiter 1853 and 1855; William Wilson 1857; 
Dah-lah-see-nee Foster 1859; Unknown l86l; Samuel Adair 1867; Ezekial 
Starr 1869; Franklin Faulkner 1871; Ezekial Starr 1873 and 1875, he died 
and Franklin Faulkner was appointed; Franklin Faulkner 1877, 1879, 1881 
and 1883, he died and John Childers was appointed April 4, 1885; Oscar 
Fitzaland Adairl 1885 and 1887; Isaac Abraham Jacobs 1889 and 1891, he 
was elected Senator and resigned in November 1893, George Vann was ap- 
pointed; Lacey Lasley 1893; Andrew Jackson Russell 1895 and 1897. 
Judges of Flint District. 

Eli Sanders Harlan 1841; Eli Smith 1843; George Washington Candy 
1845; Jay Hicks 1847; Thomas Jefierson Pack 1849; Unknown l85l; Eli 
Sanders Harlan 1853; Samuel Adair 1855 and 1857; Eli Smith 1859; Samuel 
Adair 1867; Jackson Christy 1869 and 1871; Samuel Adair 1873, 1875 and 
1877, he died February 18, 1879 and Jackson Christy was appointed March 
24, 1879; Robert Wesley Walker 1879; Benjamin Franklin Paden 1881, 
John B. Tulsa 1883; Benjamin Franklin Paden 1885, suspended May 7, 
1886 and George Cochran, appointed, Benjamin Franklin Paden, reinstated 
November 11, 1886; John B. Tulsa 1887; Johnson Swimmer 1889; Benja- 
min Franklin Paden 1891; Charles D. Patterson 1893; R. W. Johnson 1895 
and Richard Baxter Choate 1897. 

Judges of Cooweescoowee District. 

Not known 1855; John Lucien Brown 1857; Charles Coody Rogers 
1857; Jackson Tyner 1861; Daniel Ross Hicks 1867 and 1869; Charles 
Coody Rogers 1871, 1873 and 1875; Clement Vann Rogers 1877; Alexander 
McCoy Rider 1879; James Cristopher McCoy 1881; John Anthony Foreman 
1883; Walter Adair Starr 1885, 1887, 1889 and 1891; Jolin Gunter 
Scrimsher 1893; Walter Adair Starr l«os and 1897. 
Sheriffs of Delaware District. 

Jesse Cochran 1841 and 1843; Choo-wa-chu-kuh 1845; Charles Land- 
rum 1847 and 1849; Jesse Buffington 1851; Choo-wa-chu-kuh 1853; Archi- 


bald Ballard 1855 and 1857; suspended and Choo-wa-chu-kuh app.pinled- 
Archibald Ballard 1859; Thomas Jefferson McGhee 1867; William Siieli 
1869; Stand Suagee 1871; John Martin Daniel 187.5; James Tincup 1S7S 
and 1877; Andrew Cummings Johnson 1879; David Suagee 1881; Joseph D 
Muskrat 1883; Benjamin Seth Landrum 1885; William Penn ' Henderso.i 
1887; Percy Wyley 1889; Thomas Jefferson Monroe 1891; Thomas Jeffer- 
son Muskrat 1893; John Lafayette Dameron 1895 and Benjamin Cornelius 
England 1897. 

Sheriffs cf Saline District. 

John Lucien Brown 1841, 1843 and 1845; George Cochran 1847, 
Hiram Terrell Landrum 1849; George Cochran 1851; Jefferson 'Hicks 1853 
and 1855; Joseph V. Clingan 1857 and 1859; George Downing 1867; Back- 
water 1869; John Leaf Springston 1871, suspended' and Frank Consene, ap- 
pointed; Jackson Rope 1873 and 1875, he died and John Wickliffe, ap- 
pointed; Henry Clay Ross 1877, 1879 and 1881; Osceola Powell Benge 
1883 and 1885; Edward S.vlvester Adair 1887; Jesse Sunday 1889, he died 
and William Smith was appointed February 1 1, 1890; John North West 1891 ; 
Napoleon Bonaparte Rowe 1893; John Henry Ross 1895, he died and George 
Downing was appointed September 23, 1897; David Ridge 1897, he died 
and James Lovely Bumgarner was appointed. 

Sheriffs of Going Snake District. 

George Washington Scraper 18^.1 and 1843; Benjamin \'ann 1845, 
Aaron Wilkerson 1847 and 1849; Eli Sanders 1851; Cornelius Wright 1853, 
Eli Sanders 1855; Cornelius Wright 1857; Eli Sanders 1859; Ezekial Proctor 
1867; Daniel Webster 1869; John R. Wright 1871, 1873 and 1875; John 
Walking-stock 1877; Nelson Foreman 1879; George Washington Lee 1881; 
Andrew Taylor Akin 1883; John Walkingstick 1885; Lincoln England 1887- 
Benjamin Knight 1880; Thomas Welch 1891; Isaac Walkingstick 1893, killed 
May 4, 1 804 and Ezekial Proctor appointed; John Sanders 1895 and 1897. 
Sheriffs of Tahlequah District. 

Benjamin Downing 184 1 and 1843; Daniel (irasshopper 1845; Nicholas 
Byars Sanders 1847, 1849 and 1851; Benjamin Downing 1853; Wah-la-nee- 
ta 1855; Nicholas Byars Sanders 1857; Brushwood 1859; Eli Spears 1867. 
1869 and 1871; Robert Bruce Ross 1873: Henry Clay Barnes 1875. sus- 
pended and John Ross Meigs appointed March 18, 1876, Henry Clary Barnes 
was reinstated by council and again suspended March 17, 1877 and Harris->n 
Williams, appointed; Henry Clay Barnes 1877; Madison Sanders 1879 and 
1881; Aaron Turrell 1883 and 1885, he was suspended August 13. I8S7 and 
John Ross Meigs appointed on same day; George Roach 1887; Jay T. 
Clark 1889; Ezekial Proctor Parris in I89i; Charles Proctor 1893; Leonard 
Williams 1895, he was suspended and Philip Osage was appointed on March 
20, 1897; Andrew Bell Cunningliam 1897. 

Sheriffs of Illinois District. 

Alexander Foreman 1841 and 1843; George Fields 1845; Samuel Mc- 
Daniel Tavlor 1847; Robert Brown 1849; Tatnall Holt Post 1851; Corn- 
silk 1853; John W. Brown^ 1855; George Washington Brewer 1857; Martin 
McCoy 1859; Bear Brown 1867; William Young 1869; Lovely Rogers 1871. 


187 3 and 1875, he died and Emory Linder was appointed January 5, 1877 
Dekinney Waters :877, he was elected to council and resigned and Edward 
Adair Walker was appointed on November 3, 1879; Redbird Smith 187Q, 
Samuel McCoy 1881; Thomas R. Gourd 1883; John Lafayette Brown 1885; 
John Benge= 1887; John Lafayette Brown 1889, 1891 and 1893; Henry 
Ganoe Adair 1895 and Joseph J. Cookson 1897. 

Sheriffs of Canadian District. 
James Mackey 1841 and 1843; James Ore 1845; Josiah Reese 1847; 
John Shepherd Vann 184^'; James Starr 1851; Nelson Riley 1853; Joseph 
M. Reese 1855; John Porum Davis 1857; Charles Drew 1859; Unknown 
1861; Charles Drew 1867; John Q. Hayes 1869 and 1871; Stand Watie 
Gray' 1873; Thomas Jefferson Bean 1875 and 1877, he was suspended and 
Henry Clay Lowrey was appointed April 16, 18 79; McCoy Smith, 1879, 
William Mosley West 1881; Stand Watie Gray 1883, he was suspended and 
William Vann, appointed June 20, 1884; William Vann 1885, 1887, 188'"' 
and 1891; John Calhoun West 1803; Robert Emmett West 1895 and 
Thomas Graves 1807. 

Sheriffs of Skin Bayou District. 
George C. Lowrey 1841, 1843 and 1845; Daniel Ross Nave 1847 and 
1849; William Benge 1851. 

Sheriffs of Sequoyah District. 
Carter Daniel 1853; Bluford Baldridge 1855 and 1857; Bat Puppy. 
Jesse Baldridge 1867; Rufus Bell Adair 1869; Samuel Gunter 1871, he died 
and Bluford Baldridge was appointed; Richard Benge 1873; John Edward 
Gunter 1875 and 1877; Albert M. Johnson 1879 and 188 1, he was killed 
May 5, I882 and Robert Faulkner was appointed; Thomas Blair 1883, 
George Washington Baldridge 1885; Thomas Blair 1887; Josiah Seaboll 
1889; Robert Czarnikow 1891; John Faulkner 1895; MitchellEllis 18^5 and 
George Washington Baldridge 18Q7. 

Sheriffs of Flint District. 
William Griffin 1841, 1843 and 1845, he was suspended December 4, 
1845; Wihiam Foreman 1847; Isaac Proctor 1849; William Chambers 1851; 
Runabout Scraper 1853, 1855 and 1857; Samuel Adair 1859; Unknown 
1861; Jackson Christy 1867; Unknown i860; John B. Tulsa 1871; Lewis 
Quinton 1873; Cicero Leonidas Lynch 1875 and 1877; John Bell Adair 1870; 
Ellis Starr 1881; Thomas Tail 1883 and 1885, he died September 18, 1886 
and Charles Smith was appointed; Richard Lee Taylor 1887 and 1889; John 
Bell Adair 1891; Richard Lee Taylor 1893; Charles Smith 1895 and John 
Bell Adair 1897. 

Sheriffs of Cooweesccowee District. 

John W. T. Spencer 1855; John Lucien Brown 1857; Daniel Ross 
Hicks 1859; Unknown IS6I; John Gunter Schrimsher 1867; John W. T. 
Spencer 1869 and 1871, he was suspended for attempting to destroy election 
returns and John M. Smith was appointed December 2, 1872; William Mc- 
Cracken lS7i and 1875; John Gunter Scrimsher 1877; Jesse Cochran 1879; 
Samuel Houslnr. Mayes IfiSi; Jesse Cochran 1883; William Edward Sanders 


1885 and 1887; Edward Alexander Adair 1889; William Edward Sanders 
1891; James Tandy Musgrove 1893, he was killed June 3, 1895 and Joel 
Bryan Cornelius Ward was appointed; Joel l^ryan Cornelius Ward 1895 and 

Solicitors of Delaweire District. 

"Be it enacted by the National Council, Tluit a Solicitor or Attorney be 
chosen by a joint vote of both houses of the National Council for each Uistrict. 
whose term of service shall be one year; and such Solicitor or Attorney, be- 
fore he enters on the duties of his oflice, shall be commissioned by the Princi- 
pal Chief. 

Be it further enacted, That it shall be the duty of such Solicitor or At- 
torney, to prosecute, in behalf of the Nation, all persons charged with crimin- 
al offenses. * * * See Laws of the Cherokee Nation, 1852. Pages 52, 84, 
107, 132, 170 and 219. Anderson Springston 1841, 1842, 1843 and 1844. 
William Wilson 1845 and 1846; Chuwachukah 184 7 and 1848; Isaac New- 
ton Hildebrand 1849, 1851 and 1853; Horsefly 1855; Joel Tucker 1857, 
Isaac Newton Hildebrand 1859; Moses Sixkiller 1867; Unknown 1869; Run- 
about Six 1871; Lome Seven 1873'; Joseph Dirteater 1875; Dumplin O'- 
Fields 1877, he died on December 7, 1878 and Samuel Melton was appointed 
December 25, 1878; Cyrus Cornatzer 1879; Surry Eaton Beck 1881; Joseph 
Lynch Thompson 1883; Surry Eaton Beck 1885; Charles Ewing Snell 1887 
and 1889; James Bonaparte Woodall 1891; Joseph D. Muskrat 1893; James 
Franklin Crittenden IS05 and Simpson Monroe Melton 1897. 
Solicitors of Saline District. 

Clement Vann McNair 1841 and 1842; James Shepherd Vann 1843 and 
1844; Isaac Springton 1845 and 1846; Black Haw 1847 and 1848; George 
Cochran 1849; Isaac Dick 1851; Rope Campbell 1853; DeWitt Clinton Dun- 
can 1855; Levi Toney 1857; Rope Campbell 1859; James Smith 1867; Un- 
known 1869, 1871 and 1873; Fallingpot 1875; George Washington Clark 
1877; Tan-yu-nee-sie 1879; James Chuleowa 1881; John Wickliflfe 1883 and 
1885; Walter Adair West 1887; MiU-ird Filmore Hicks 1889; Jesse Dry- 
water 1891; Rider Fawling 18O?; Ju;»es Keener l8g5 and Daniel Squirrel 

Solicitors of Goinflt Snake District. 

Unknown 184 1, 1842, 1843 and 1844; Joseph A. Foreman 1845 and 
1846; James Madison Payne 184 7 and 1848; Thomas Johnson 184"; 
Thomas Wilkerson I85l and 1853; Gu-le-stu-ee-ski 1855; John Alexander 
1857; John Dougherty 1859; Aaron Goingwolf 1867; Unknown I860. 
187 1 and 1873; John Gritts 1875, he was suspended and George Washington 
was appointed August 16, 1876; Unknown 1877; Joseph Smallwood 1879, 
Ellis Hogner I881'; Joseph Smallwood 1883; David Hitcher 1885; Nick- Snip 
1887; Samuel England 1889; Mark Bean I8OI; David Hitcher 1893; Mark 
Bean 1895 and Newton Morton 1897. 

Solicitors of Tahlequah District. 

Leroy Kevs 184 1 and 1842; Thomas B. Wolfe 1843 and 1844; Heniy 
Dobson Reese "l845 and 1846; Huckleberry 1855; Brushwood 1857; Huckle- 
berry 1859; Nelson Terrapin 1867; Unknown 1869, 1871 and IH73; Wil- 


liam Triplett 1875, he was suspended and Henry Dobson Reese was appointed: 
Lewis Hawkins 1877, he was suspended and Bark. Nugen was appointed 
April 17, 1879; Ezekial Tucker 1879; William Triplett 1881; Daniel Gritts 
1883; George Washington Benge 1885; Daniel Gritts 1887; Wilson Sanders 
1889; John Henry Dick 1891; Daniel Gritts 1893; Charles Deer in the 
Water 1895 and 1897. 

Solicitors of Illinois District. 

Alexander Foreman 1841 and 1842; Daniel Spencer 1843 and 1844; 
George Washington Parris 1845 and 1846; Robert Brown 1847 and 1848; 
Tatnall Holt Post 1849; Unknown 1851; James Souiekiller 1853; David 
Rat 1855; aJmes Souiekiler 1857; John Kickup 1859 and 1867; Unknown 
1869; Charles R. Gourd 1871, he resigned and Lewis Ross Thornton was 
appointed November 13, 1872; Unknown 1873; Joseph Young 1875; Sol- 
die-r Tolen 1877; Lewis Ross Thornton 18 79; Soldier Tolen 1881; Martin 
Van Benge 1883, 1885, 1887 and 1889; George McDaniel 1891, he was 
killed and Charles Percival Pierce was appointed July 15, 1893; Edward 
Adair Walker 1893, 1805 and 1807. 

Solicitors of Canadian District. 

Lewis Riley 1841 and 1842; David Boggs 1843 and 1844; Robert G. 
Anderson 1845 and 1846; David Boggs 1847 and 1848; George Washing- 
ton Campbell 1849; Unknown 1851; Star Deerinthewater 1853; John 
Porum Davis 1855; Charles R. Gourd 1857; Gah-luh-do-la-duh 1859; Levi 
Toney 1867; Charles Edwin Watie 1869; Snake Girty 1871 ; Unknown 1873, 
William Penn Payne 1875, suspended for incest, John Taylor Drew ap- 
pointed; Johnson Blythe 1877; he died July 3, 1878 and James Halfbreed 
appointed, he died January 13, 1879 and Snake Girty was elected February 
3, 1879; Robert IVlcDaniel 1879; Isaac C. Groves 1881; Snake Girty 1883: 
David Downing 1885; James Jay Sevier 1887; Claude Hanks McDaniel 1889 
he resigned and William Wilson Harnage was appointed; James Jay Sevier 
1891, 1893, 1895 and 1897. 

Solicitors of Skin Bayou District. 

James Madison Payne 184 1 and 1842; Joseph Blackbird 1843 and 
1844; Daniel Ross Nave 1845 and 1846; Robert Brown Jr. 1847, 1848 and 
1849; Unknown 185 1. 

Solicitors of Sequoyah District. 

Sut-tee-yah 1853 and 1855; Ellis Sanders 1857; Samuel Houston 
Benge 1859; John Lee 1867; Unknown 1869 and 1871; Rider Swimmer 
1873, he died and Lacey Lasley was elected November 12, 1874; Chee-chee 
1875, he was suspended and Arthur Austin was appointed in March 1876; 
Rluford Baldridge 1877, Lacey Lasley, appointed vice Bluford Baldridge and 
Chee -chee was elected; Lacey Lasley 1879; Robert B. Patton 1881; Bluford 
Sittingdown 1883; Eli Carselowry 1885; Lacey Lasley 1887; Andrew Jack- 
son Jeremiad' 1889; James T. Stewart 1891; Eli Sanders 1893, Jeremiah 
M. Seabolt appointed Au,s:ust 8, 1895 vice Eli Sanders; Smith Baldridge 189? 
and Clement C. Morton 1897. 

Solicitors of Flint District. 

Ellis Sanders Harlan 1841 and 1842; Brushheap 1843 and 1844; Wil- 


liam H. Foreman 1845. 1846, 1847 and 1848; David Sanders 1S49; Un- 
known 1851; Jesse Owen 1853; John Cochran 1855; Jumper Duck 1857, 
Alexander Dollar 1859; Jesse Redbird 1867; Unknown 1869, 187 1 and 
1873; Robert McLemore 1875; Yellowbird Adair 1877, he resigned and 
John Batt was appointed September 15, 1879; John E. Welch 1879 and 
1881; David Muskrat 1883; Ellis Starr 1885, 1887 and 1889; Charles 
Lawrence Saunders 1891; Taylor Duncan 1893; Charles Gettingdown 1895 
and James Lee Walker 18')7. 

Solicitors of Cooweescoowee District. 

Unknown 1857 and 1858; Charles Busliviiead 1859; John Mcintosh 
1867; Unknown 1869, 1871 and 1873; John Mcintosh 1875, he was sus- 
pended and Josiah Henry was appointed; Rev. Dempsey Fields Coker 1877; 
James McDaniel Keys 1879; Bryan Ward 1881; James McDaniet Keys 
1883; Jese Cochran 1885 and 1887; James Eliott 1889; Elias Cornelius 
Alberty 1891 and 1893; John Bullette 1S"5 and James Lincoln Taylor 1897. 
District Clerk of Delaware District. 

Article V. Section 68 Cherokee Code ot 1875, page 55. "There shall 
be one clerk for each of the several districts of this Nation, who shall be a 
resident of the district for which he may be elected, and who shall be elected 
by the qualified ellectors thereof, and commissioned as provided by law." 
The first election occurred in each District on Janury 2 1, 1874. 

Joseph Miller Ross 18 74, 18 75, 18 77 and 18 79; John Henry Covel 
1881; Joseph Miller Ross 1883, 1885 and 1887; Robert Emmett Adair 1889, 
July 29, 1890; aJmes Robert Garrett I80i; William Walter Wright 18^13, 
1895 and 1897 = 

Clerks of Going Snake District. 

Benjamin Franklin Goss 1874 and 1875; Unknown 1877; William 
Covington Ghormley 1879, 1881 and 1S83; John R. Wright 1885, 1887 
and 1889, he died April 2 7, 1800 and James Robert Garrett was appointed 
July 29 1890; James Robert 1 80 l ; William Walter Wri^it 1893, 1895 and 

Clerks of Tahlequah District. 

Osceola Powell Daniel 1874; Daniel Ross Hicks 1875; Allen Ross 1877. 
1879, 1881, 1883, 1885, 1887 and 1889, he died April 21, 1891 and Eli?5 
Cornelius Boudinot Jr. was appointed on April 22, 1891; Thomas William 
Triplett 1891, 1893 and 1895; Benjamin F. .lohnson 1897. 
Clerks of Illinois District. 

George Osceola Sanders 1874; George Washington Benge 1875; Rich- 
ard Martin Walker 1877 and 1879; Martin Ross Brown 1881; Thomas Jef- 
ferson Thornton 1883; Richard Martin Walket 1885; Thomas JetTerson 
Thornton 1887; Nicholas McNair Thornton 1889 and 1891, he died Julv 
21, 1892 and Bluford Wilson was appointed on July 30. 1892; Henry Clay 
Meigs 1893; William Thompson 1895 and Andrew Griffin Cookson 1897. 
Clerks of Canadian County. 

Robert E. Blackstone 1874; Herman Johnson Vann 1875, 1877, 1870 
and 1881; John Smith 1883 and.l885; Herman Johnson Vann 1887; 
Charles Edward Vann 1889 and 1891; George Jennings 1893; 1895 and 



Clerks of Sequoyah District. 

Ready Taylor 1874; Joseph Hall Alexander 1875; Charles Oliver Frye 
1877, 1879 and 1881; John Edward Gunter 1883; Edward Everett Adair 
1885; Walter Adair Frye 1887; John Harrell Adair 1889; Wilson Otho Bru- 
ton 1891; William E. Whitsett 1893; Robert Fargo 1895 and Henry Benge 

Clerks at Flint District. 

Unknown 1874; Sanders Choate 1875, he died March 23, 1877 and 
Samuel Adair Bigby was appointed: Samuel Adair Bigby 1877 and 1879, 
William Nucholls Littlejohn 1881; George Washington Choate 1883; Wil- 
liam J. McKee 1885 and 1887; William Nucholls Littlejohn 1889; Benjamin 
Gilreath Fletcher 1891; Richard Baxter Choate 1893; John Bell Lynch 1895 
and 1897. 

Clerks at Cooweescoowee District. 

DeWitt Clinton Lipe 1874 and 1875, Clark Charlesworth Lipe 1877 ana 
1879; John Bullette 1881 ; Archibald McCoy 1883; William Vann Carey 1885 
and 1887; Henry Hardin Trott 1889 and l89l; Joseph Martin LaHay 1893 
and 1895; William H. Fry 1897. 

Treeisurers of the Cherokee Nation. 

The office of treasurer was provided for by article four, section twenty 
one of the constitution, as follows: "The treasurer of the Cherokee Nation 
shall be chosen by a joint vote of both branches of the National Council for 
the term of four years." The annual salary was fixed on October 4, 1839 
at five hundred dollars^ 

David Vann 1839, 1843, 1847 and I85l; Lewis Ross 1855 and 1859: 
Springfrog 1867, he died and Clement Neeley Vann was elected in November 
1870; Dennis Wolf Bushyhead 1871 and 1875; De Witt Clinton Lipe Novem 
ber 11, 1879; Henry Chambers 1883; Robert Bruce Ross January 19, 1888; 
Colonel Johnson Harris, November 6, 1891, he was elected Principal Chief 
on December 23, 1891 and Ezekial Eugene Starr was elected as his successor 
on the same day; DeWitt Clinton Lipe November 14, 1895; Joseph Martin 
LaHay, November 17, 1800 and Dr. Jesse Crary Bushyhead 1903. 
Supreme Court of the Cherokee Nation. 

The powers and prerogatives of the judiciary of the Cherokee Nation i; 
given in the thirteen sections of article five of the constitution and "The Judges 
of the supreme court shall each be allowed three dollars per day, while in ser- 
ice in holding court." 

1839. John Martin, Chief Justice, Reverend Jesse Bushyhead and four 
other unknown associates. Elected by Constitutional convention. 

1844. Rev. Jesse Bushyhead, Chief Justice, vice John Martin, died Oc- 
tober 17, 1840, and Judge Bushyhead died July 17, 1844. George Hicks 
elected Chief Justice October 11, 1844 vice Bushyhead. Associated Justices. 
Thomas Pegg, Moses Parris and David Carter, the latter resigned and John 
Thompson Adair was elected. Rev. Stephen Foreman, elected October 11, 

1847. David McNair Foreman, elected Chief Justice October 3. 1847. 


Associate Justices: Joseph Vann, James Sanders, Jolin Tliunie, Nichols Hyars 
McNair and John Thompson Adair. 

1851. David Carter, Chief Justice. Associate ustices: Lewis W. Hiil- 
debrand, Riley Keys, Rev. Isaac Sanders, Clement Vann McNtir and John 
Thompson Adair. 

1855. Richard Fields, Chief Justice. Associates: Riley Keys, Jesse 
Russell and Nicholas Byars McNair. 

185 7. Riley Keys, Chief Justice. Associate Justices: David Carter, 
John Thompson Adair, Jesse Russell, Thomas Pegg and Louis W. Hildebrand. 

1876. John Thompson Adair, Chief Justice. Associate Justices: J. A. 
Johnson and George Washington Scraper. 

1869. John Porum Davis, Chief Justice. Associate Justices: Thoma> 
Teehee and Thomas B. Wolf. 

1872. Riley Keys, Chief Justice. Associate Justices: John Shepherd 
Vann and Redbird Sixkiller. 

1875. John Thompson Adair, suspended April 10, 1876, Charles Wick- 
lifle, appointed Chief Justice, then George Washington Scraper appointed 
Chief Justice, John Landrum, appointed Chief Justice November 10, 1876 
and John Thompson Adair was reinstated as Chief Justice by Council on No- 
vember 18, 1876 and he was again suspenden on October 11, 1877. This 
was part of the wholesale suspendings at the instance of W. L. G. Miller. 

1877. Ephriam Martin Adair, Chief Justice. Associate Justices: Sam- 
uel McDaniel Taylor and John Landrum. The latter died November 7, iSSo 
and George Washington Parks was elected in his place. Rufus Bell Adair 
was elected Associate Justice in 1880. 

188 1. Richard Murrell Wolfe was elected in November 1881 vice Rufus 
Bell Adair, deceased. David Dixon Landrum and O. H. P. Brown were 
Associate Justices in 1881. Samuel Adair succeeded O. H. P. Brewer. 

1882. May 17, Samuel Adair Bigby, elected Chief Justice vice Ephriam 
Martin Adair, deceased. Joseph Abalom Scales was elected Chief Justice, 
November 15, 1882. Associate Justices: Joel Bryan Mayes and Samuel Adair 

John Wright Alherty was elected Chief Jusitce in 1883. John Taylor 
Drew was one of his Associate Justices. Jackson Christy was elected Chief 
Justice, March 2, 1885. James McDaniel Keys was elected Chief Justice in 
November 1885 and Roach Young was one of his Associate Justices. Joseph 
Absalom Scales succeeded Keys as Chief Justice. John Edward Gunter suc- 
ceeded Scales as Chief Justice. John Young, Eli H. Whitmire and Bluford 
West Albertyi were Aassociate Justices. John Wickliffe succeeded Gunter 
as Chief Justice. Associate Justice Samuel Adair Bigby died July 29, 1892 
and Jeter Thompson Cunningham was appointed on August 4, 1892. Blu- 
ford West Alberty succeeded John WicklifTe as Chief Justice on November IS, 
1892. Robert Wesley Walker was elected Justice in November 189.3 and 
the last supreme court elected November 13, 1897 was John Mcintosh, Chief 
Justice, Jesse Redbird and Cicero Leonidas Lynch, Associated Justices. 
Circuit Judges, Northwestern Circuit 

Article five, section five of the constitution, specifics 'The Judges of the 


Supreme and Circuit Courts shall be elected by the National Council." By 
act of October 4, 1839 "The Circuit Judges shall be allowed each a salary of 
two hundred dollars per annum." By act of November 28, 1850 stipulated 
the same salary. 

Unknown 1831; Thomas Jefierson Pack 1843, he resigned and Riley 
Keys elected, vice Pack; Unknown 1845; Thomas B. Wolf 1847; Riley Keys 
1849; Thomas Jefierson Pack 1851; Unknown 1853; Samuel McDaniel Tay- 
lor 1855 and 1857; Leroy Keys 1859; David Rowe 1867 and 1871; Joei 
Bryan Mayrs 1875; George Washington Clark 1879 and 1883; George 
Washington Benge 1887; Hiram Terrell I.andrum 1891 and Thomas Mitchell 
Buffington 1895. 

Circuit Judges, Southern Circuit. 

John Thorne 1841 and 1843; Unknown 1845; Aaron Hicks 1847; 
Moses Parris 1849; John Thorne 185 1; Unknown 1853; Moses Alberty 1855 
and 1857; James Mackey 1859; David Duval 1867; Samuel McDaniel Tay- 
lor 1871; John Shepherd Vann 1875, he died May 22, 1876 and Levi Toney 
was appointed, he died and Robert Taylor Hanks was appointed on May 3, 
1876 and was elected August 5, 1878; John Brewer 1879; Joseph Martin 
Lynch 1883; W. H. Shomake 1887; William Henry Barker 1 89 1 and 
William McLain in 1895. 

Circuit Judges, Middle Circuit. 

Timothy Meigs Walker 1867; Jacob Bushyhead 1871, Kinick Sixkiller 
appointed in 1872 to try Ezekial Proctor; Timothy Meigs Walker 1875; 
Stephen Teehee 1879; Cicero Leonidas Lynch 1883 and 1887; William 
Nicholls Littlejohn l89i, he resigned August 26, 1895 and Benjamin Goss 
was appointed August 2 7, 1895; Martin Van Benge 1895, he resigned and 
Charles Harris Sisson was appointed May 1, 1897. 
National Medical Board. 
Appointed December 11, 1890. 

Northern District: Drs. Bartow Francis Fite, Benjamin Franklin Faulk- 
ner and Austin Worcester Foreman. 

Southern District: Drs. Charles Harris, George Albert M. Bride and' 
William W. Campbell. 

Middle District: Drs. Richard Lafayette Fife; George Washington Wat- 
ers and Walter Thompson Adair. 

Executive Councilors. 
The office of Executive Councilor was provided for by article four, sec- 
tions eighteen and nineteen of the Constitution . Number reduced to three on 
October 9 ,1845. Per diem pay fixed on October 4, 1839 at three dollars 
and reduced to two dollars on November 28, l85o. 

Five unknown 1839; Five unknown 1841; Five unknown 1843; Three 
unknown 1845; Richard Taylor, Rev. Stephen Foreman and Thomas Fore- 
man 1847; Richard Taylor, Rev. John Fletcher Boot and Archibald Camp- 
bell 1849; Unknown lS5l; James Brown, Joseph Vann and Archibald Camp- 
bell 1853; Joseph Vann, Rev. Stephen Foreman and Archibald Campbell 
1855; Joseph Vann, Rev. Walter Adair Duncan and Archibald Campbell 
1857; James Brown, John Drew and Daniel Colston 1859; Moses Alberty^ 


Samuel Smith and Smith Christy 1867, the latter died on Novemlvr 27, 186/ 
and Huckleberry Downing- was elected in his place; Jesse Henry and two 
unknown 1869; Jesse Henry died November 25, 1870; Daniel Redbird, James 
Vann and James Baldridge 1871, the latter died and John Lynch Adair was 
appointed and Daniel Ross Hicks was elected on November 13, 1872 vicj 
James Baldridge; John T. Beamen and two unknown 1873. 

Johnson Spader, John Hildebrand Cookson and James Vann 1875, the 
latter died and Rabbit Bunch was elected on November lo, 1876. He re- 
signed and Arleicher Ridge was appointed. 

Huckleberry Downing, George Downing and John Chambers 1877, the 
latter two resigned, Stephen Teehee was appointed, vice John Chambers and 
James Tuck Woodall was appointed, vice George Downing, Jesse Redbird 
was elected November 29, 1878 vice George Downing and Lewis Rogers 
of Cabin Creek was elected on the same date vice John Chambers. 

Charles Henry Armstrong, Johnson Spade and Daniel Redbird 1879; 
Coocoodigesky, Johnson Downing and Nelson Terrapin I88i; Johnson 
Downing, Walter Adair Starr and Adam Feeling 188^; David Muskrat, Daniel 
Redbird and Ned Christy 1885; William Eubanks, Daniel Redbird and Stout 
Locust 1887; John Batt, Johnson Downing and George Teehee 1889; the 
latter died November 24. 1889 and Moses O'Fields was elected November 30. 
1889; Aaron Corntassel, George Waters and John Batt 1891; Oosqualuke, 
David Blackfox and David Tadpole 1893; William Young, Hunter Poor- 
bear and George Sanders 1895; Daniel Watt, John Batt and Jesse Pigeon 
1897; Thomas Smith, Walter Goss Fields and George Washington Bald- 
ridge 1899; Walter Goss Fields, Samuel Campbell Foster and George Wash- 
ington Baldridge 190 1; George Waters, Samuel Houston Adair and Charles 
Smith 1903. 

Delegates to Washington. 

Authorized by article six, section three of the Constitution. 

1839. John Ross, William Shorey Coody, Archibald Campbell, George 
Hicks, Edward Gunter, Richard Taylor, Joseph Martin Lynch, John Looney, 
Elijah Hicks, Looney Price and Rev Jesse Bushyhead. 

1843. John Ross, John Benge, David Vann, Elijah Hicks and William 
Potter Ross, Secretary. 

1845. John Ross, Richard Taylor, John Looney, Carter Walker, Mosos 
Daniel, William Shorey Coody, Joseph Vann, Aaron Price and John Spe.irs. 

1846. John Ross, William Potter Ross, Clement Vann .McNair and 
David Vann. 

1847. John Ross, Robert Bulfington Daniel and Richard Taylor. 
1849. John Ross, William Potter Ross, David Vann and John Drew. 
1851. John Ross, Joseph Vann, James Kell, Thomas Pegg and Rev. 

Lewis Downing. 

1853. John Ross and John Thompson Adair. 

1859. John Ross, John Drew, Pickens M. Benge and Thomas Peg.g. 

1863. John Ross, Lewis Downing, James M. Daniel and Rev. Evan 
Jones. ^ 


1864. John Ross, Thomas Ptgg, George Washington Scraper and Smith 

1866. (Federal Delegates). John Ross, Whitecatcher, Smith Christy, 
Daniel Hicks Ross, Samuel Houston Benge and John Buttrick Jones. John 
Ross died August 1, 1866. Whitecatcher died at Pleasant Hill, Missouri, Aug- 
ust 17, 1866. 

1866. (Southern Cherokee Delegates). John Rollin Ridge, Richard 
Fields, William Penn Adair, Saladin Watie and Elias Cornelius Boudinot. 

1867. Samuel Smith, James McDaniel, Archibald Scraper, Joseph 
Absalom Scales, Henry Dobson Reese, ohn Porum Davis, William Penn 
Adair and John Brewer. 

1868. John Porum Dais, Henry Dobson Reese, Archibald Scraper, Will- 
iam Penn Adair, Samuel Smith and Lewis Downing. 

1869. John Porum Davis, Samuel Smith, Archibald Scraper, Lewis 
Downing, Clement Neely Vann and Samuel Houston Benge. 

1870. Samuel Smith, George Washington Scraper, Lewis Downing, 
Clement Neely Vann and William Penn Adair. 

1871. William Potter Ross, William Penn Adair, Samuel Houston 
Benge and Clement Neely Vann. 

1872. Joseph Vann, William Penn Adair and William Potter Ross. 

1873. Rufus O. Ross, William Penn Adair, John Buttrick Jones and 
William Potter Ross. 

1874. Dennis Wolf Bushyhead, Rufus O. Ross, William Penn Adair 
and John Buttrick Jones. 

1875. Rufus O. Ross, Daniel Hicks Ross, John Lynch Adair and Will- 
iam Penn Adair. 

18 76. William Potter Ross and Hiram Terrell Landrum. 

1877. William Penn Adair and Daniel Hicks Ross. 

1878. William Penn Adair, William Potter Ross, Samuel Smith and 
Daniel Hicks Ross. 

1879. William Penn Adair, Richard Murrell Wolfe, John Lynch Adair 
and Rabbit Bunch. 

1880. George Sanders and Pleasant Napoleon Blackstone. 

1881. Daniel Hicks Ross and Richard Murrell Wolfe. 

1882. Robert Bruce Ross and Richard Murrell Wolfe. 

1883. Lucien Burr Bell and John Gunter Schrimsher. 

1884. Richard Murrell Wolfe and Hiram Terrell Landrum. 

1885. William Penn Boudinot, John Chambers and John Schrimsher. 

1886. Colonel Johnson Harris and Hiram Terrell Landrum. 
1889. Dennis Wolf Bushyhead and John Lynch Adair. 

1891. Elias Cornelius Boudinot and Thomas Mitchell Buffington. 

1892. William Wirt Hastings and Martin Van Benge. 

1895. Colonel Johnson Harris, Roach Young, George Washington 
Benge and Rev. Joseph Smallwood. 

1900. Lucien Burr Bell, Percy Wyly, Benjamin Hildebrand and Jesse 


The Cherokee Phoenix. 

Owned and published by the Cherokee Nation at New Echola, Georgia. 

VoUime 1, Number 1 was issued on February 2 1, 1882. The last issuj 
Volume 5, Number 52 was issued on May U, 1S.54.' 

Editors of the Cherokee Phoenix. 

February 2 1. 1828, Elias Buudinot resis;ned Aut;ust 1, 1832 and Elijah 
Hicks was immediately appointed by Chief Ross. 
Cherokee Advocate 

Owned and published by the Cherokee Nation at Tahlequah. 

First series; September 26, 1844 to September 28, 1853. Stopped for 
lack of funds. Second series; April 26, 18 70 to December 26, 1874. Entire 
of lice destroped by fire. Third series; March 4, 1876 to March 3, 1906. 
Discontinued by the United States government. A new office was built and 
entire new press, type and accessories were purchased at the beginning of each 
series. The full equipment for the third series was purchased for the Natioi; 
in St. Louis, Missouri by Assistant Chief David Rowe. 

Editors of the Cherokee Advocate. 

Elected every two years by National Council. 

William Potter Ross 1844; James Shepherd Vann; [Javid Carter; Will- 
iam Penn Boudinot 1870; John Lynch Adair 1873; William Penn Houdinot 
1876; George Washington Johnson 1877; Elias Cornelius Boudinot 1879; 
Daniel Hicks Ross l88l and 1883; Elias Cornelius Boudinot 1885; William 
Penn Boudinot 1888; Robert Fleetcher Wyly 1889; Hugh Montgomery Adair 
1891; George Oliver Butler 1893; Waddie Hudson 1895; Joseph R. Sequit- 
chie 18 79; William Leoser 1899; George Oliver Butler 1901 and Wiley 
James Melton l9o3. 

National Auditors. 

Authorized by act of Council of November 19, 185 1. 

William P. Mackey 1851; Unknown 1853, 1855, 1857 and 1859; 
Charles R. Gourd 1867; Lewis Anderson Ross 1869; Richard Halfbreed' 1871 
and 1875; Stand Watie Gray 1875; Heman Lincoln Foreman 1877; Con- 
nell Rogers 1879; George Washington Benge 1881 and 1883; Lewis Ander- 
son Ross 1884; Samuel D. Love 1888; Isaac Bertholf 1889; Stand Watie 
Mayfield 1891; Simon Ross Walkingstick 1893; John Calhoun Danenburc 
■1895; Albert Andrew Taylor 1897 and Thomas Martin Knight 1899. 
Townsite Commissioners. 
1871. William L. Gordon Miler, Rev. Joseph F. Thompson and J. 
Woodard Washburn. The latter resigned and John Ross Vann was appoint- 

1881. Lucien Burr Bell, James McDaniel Keys and Elizer Butler San- 

1884. William Potter Ross, William McCracken and Henry Hardm 


1885. William McCracken and William Henry Drew. 

1886. William Henry Drew, Lucien Webster Beflington and Henry 

Hardin Trott. .-■ , 4j • 

1888. Lucien Webster Buttington, Marion Muls and Rollm Kirk Adair. 


1890. Lewis Ross Thornton, Nathan Baron Danenburg and Francis 
Marion Conner. 

1892. Ellis Buffington Wright, William Goodlet Nelms and Francis 
Marion Conner. 

1893. Mannie Garrett Butler. 
1895. Thomas Albert Chandler.^ 

Committee to Dispose of the Cherokee Outlet. 

1891. Joseph Absalom Scales, Elias Cornelius Boudinot, Rev. Joseph 
Snialhvood, Roach Young, George Downing, Thomas Smith and William 

Committee to negotiate With the Commissioners to the Five Civilized Tribes. 

Clement Vann Rogers, Percy Wyly, George Sanders, Wolf Coon, John 
Edward Gunter and Robert Bruce Ross. 

Committee to Build the National Jail. 

Riley Keys, John Lynch Adair and John Francis Lyon. The appropria- 
tion of six thousand dollars was authorized in November 1873 and the build- 
ing was to be completed by November 1, 1874. 

High Sheriffs of the Cherokee Nation. 

This was the title of the jail wardens. 

Samuel Sixkiller 1875 and 1877; Robert Mosby French 1879; Charles 
Washington Starr 1883; John Hawkins 1886, William McCracken 1888, he 
died and was succeeded by Jesse Bushyhead Mayes; Caleb Wilson Starr 
George Washington Mayes and John Ellis Duncan. 

Attorneys for the Cherokee Naltion Before the Commission to the Five 
Civilized Tribes, which was acting as a Citizenship Court. 

William Wirt Hastings and Charles Percival Pierce. 

Solicitor Generals for the Cherokee Nation. 

1S75. Joseph Absalom Scales. 

1877. John Taylor Drew. 

Attorney Generals for the Cherokee Nation. 

William Wirt Hastings, elected November 25, l89i, Robert Wesley 
Walker temporarily appointed December 20, 1892. Hastings resumed of- 
fice; Robert Fletcher Wyly 1897. 

Revenue Collector on Alien Property. 

Leroy Ladd Crutchfield 1889. He was reappointed as Collector in 1890 
but his territory was only Cooweescoowee District to which the Cherokee 
Outlet was added in 1891. The other collectors appointed in 1890 were: 
James Jay Sevier for Canadian, Benjamin Franklin Adair for Saline, Blue 
Housebug for Flint, John W. Holland for Going Snake, Robert J. Thompson 
for Tahlequah and Robert W. Tittle for Delaware District. Tittle was suc- 
ceeded in 18')l by Thomas Albert Chandler. 

Citizen Courts. 

1870. Roach Young, Chairman, William Harnage and George Wash- 
ington Mayes. Joel Bryan Mayes, clerk and John Francis Lvon,'~Attornev 
for the Cherokee Nation. 

1881. Alexander Wolf, Thomas Fox Thompson and Thomas Teehee, 


Chairman. DeWitt Clinton Duncan, Clerk and Wilson Sanders attorney for 
the Cherokee Nation. 

1886. DeWitt Clinton Lipe, John Edward Gunter and John Thump- 
son Adair, Chairman. Robert Fletcher \\'\\y, attorne.v for the Cherokee- 

In the period of the war, from July 1862 to November 1867, both the 
federal and confederate Cherokees maintained a government. The federa- 
government, as well as can be traced is as follows: 

Principal Chief: John Ross, he died August 1, 1866 and was succeeded 
by Lewis Downing. 

Assistant Chief: Thomas Pegg and Smith Christy. 

Executive Council: Nathaniel Fish, Wareagle and Anderson Springston. 
elected October 18, 1863. Daniel Hicks Ross, Moses Catcher and Redbird 
Sixkiller, elected October 5, 1865. 

Treasurer: Lewis Ross. 

Auditor: Allen Ross and Spencer S. Stephens. 

Superintendent of Education: Albert Barnes and Henry Dobson Reese. 

Chief Justice: Wiley Glover Thornton; Associate Justices, Riley Keys, 
Thomas Pegg, James Shelton and Nicholas Byers Sanders. Riley Keys elect- 
Cihef Justice October 5, 1865. 

Judge, Northern Circuit: David Rowe. 

Judge, Southern Circuit: Joseph Duval. 

Delegates to Washington, elected on Cowskin Prairie, February 2i>, 
1863: Rev. Lewis Downing, James McDaniel and Rev. Evan Jones. 

Delegates elected October 18, 1864: John Ross, Thomas Pegg, Smith 
Christy and George Washington Scraper. 

Delegates elected November 3, 1865: Smith Christy, Whitecatcher. 
Daniel Hicks Ross, Samuel Houston Benge, J;imes McDaniel, John Buttrick 
Jones and Thomas Pegg. 


Delaware District: 

Saline District: Lewis Downing, Charles Wicklilfe and Toostoo. 

Going Snake District: Archibald Scraper, Bud Gritts and Redbird Six- 

Tahlequah District: Whitecatcher. 

Illinois District: Charles R. Gourd, William Potter Ross and Joshua 

Canadian District: Flute Foxskin. 

Sequoyah Districa: Cmith Christy, Cheechee and aJmes Vann, President 
of Committee. 

Flint District: Eli Smith. 

Cooweescoowee District: James McDaniel and Robin Smith. 

Clerk of Committee: John Buttrick Jones and Robert Bruce Ross. 


Delaware District: Luther Rice", James D. WotTord, Big Robin, Robert 
Guess, Ezekiel Blackfox and Ben Snail, Speaker of Council. 


Saline District: Lacey Mouse, Cliuwacliukah and Springfrog, Speaker 
of Council. 

Going Snake District: George Washington Scraper, Alexander Love, 
Eli Sanders, Redbird Sixkiller, Johnson Robbins, and Joe Chooie. 

Tahlequah District: Tarcheche and Jack Downing. 

Illinois District: Bark Scruggs, Moses Price and John Young, Speaker of 

Canadian District: James Hammer and Whitewater. 

Sequoyah District: 

Flint District: Chalateehee, Walter Christy and Talala. 

Cooweescoowee District: Jumper Mills, John Glass, Josiah Stealer and 
Writer, Speaker of Council. 

Clerk of Council: William Scraper and Henry Dohson Reese. 

District Judges. 

Delaware District: Luther Rice, Oochalata and Johnson Long Charles. 

Saline District: George Beamer and Charles Wickliffe. 

Going Snake District: Frog Sixkiller and Johnson Robbins. 

Tahlequah District: Jackson R. Gourd. 

Illinois District: Robin Crawford. 

Canadian District: Franklin Gritts and William Doublehead. 

Sequoyah District: Mink Downing and George Blair. 

Flint District: Johnson Bolin, Chalateehee and Wesley Gritts. 

Cooweescoowee District: Stop Sconatee and Daniel Ross Hicks. 


Delaware District. 

Saline District: Samuel Smith. 

Going Snake District: Ezekial Proctor. 

Tahlequah District: Eli Spears. 
Illinois District: 

Canadian District: Coming. 

Sequoyah District: Jesse Baldridge. 

Flint District: 

Cooweescoowee District: William Sunday and Dick Duck. 


Delaware District: Allen Tanner and Robert Guess. 

Saline District: Alexander Hawk and Isaac Dick. 

Going Snake District: John T. Beamer and Aaron Killanigger. 

Tahlequah District: Nelson Terrapin and George Pumpkin. 

Illinois District: Daniel Backbone and Mussel. 

Canadian District: Youngpuppy and Ned Baldridge. 

Sequoyah District: Jackenny. 

Flint Distirct: Jesse Redbird and Wesley Gritts. 

Cooweescoowee District: Jack Gobbler. 

The first Confederate Cherokee "convention" was in session for eleven 
days during August I862 at Tahlequah; the second and final session was 
from May 22nd to June 1, 1863 near the mouth of Coody Creek in Canadian 
District. The officers were: 


Principal Chief: Stand Watie. 

Assistant Cheif: Samuel McDaniel Taylor. 

Members of Convention. 

Delaware District: Charles Edwin Watie, !.. E. Mush, E. G. Smith dica 
and was succeeded by Luclen Burr Bell. 

Saline District: James M. Bell, Joseph Lynch Martin and Dr. Walter 
Thompson Adair. 

Going Snake District: Joseph McMinn Bean, I.. Foster, George Harlan 
Starr, died and was succeeded by George Washington Mayes. 

Tahlequah District: Smallwood, W. Benge and Johnson Foreman. 

Illinois District: Richard Fields, John Brewer, John W. Brown and 
Alexander Foreman, President of Convention. 

Canadian District: J. A. Scales, Walker Carey and O. H. P. Brewer. 

Sequoyah District: Daniel Ross Nave, Moses C. Frye, John Walker 
Starr, died and was succeeded by Samuel Gunter. 

Flint District: Walkingwolf and William Griftin. 

Cooweescoowee District: Leroy Keys, Clement V. Rogers and John 
G. Scrimsher. 

William Penn Boudinot, Secretary of Convention; Joel Bryan Mayes As- 
sistant Secretary. 

Jack Spears, Executive Councilor. 

Elias Cornelius Boudinot, Delegate to the Confederate Congress. 

Richard Carter, Judge of Cooweescoowee District. 

Lucien Burr Bell, Sheriff' of Deleware District. 






Old Families and Their Genealogy 

In order to have a correct understanding of the succeeding genealogical 
tables, it will be necessary to keep in mind, that; 


The numbers to the left of the names denote the place in the family, of 
the person, following. 

a — All numbers under a heading denote brothers or sisters. 

b— When the dates of the birt'^hs of the brothers and sisters are posi- 
tively known to be consecutive, they are preceded by an OK. 

c — The small number to the right, in front of the names, denotes the 
generation in the family, to which the person following, belongs. 

d — A horizontal line between two numbers, show that those above that 
line are only half brothers and sisters to those below it. 

e — A perpendicular line before two or three numbers denote that they 
are twins or triplets. 

f — A transverse line ( ) before a name denotes that the person follow- 
ing, is of illegitemate birth. 

g — In reading the numbers; read each one separately, giving the last 
small number at the right, thus; r47lo-'2-', should be read, as: one, four, ten 
two, fourth generation. 


The name or names to the right of the first name after the numbers, is 
that of the husband or wife, or husbands or wives of that person. 


All persons dying without issue have an * after their names. 


To find the parents of any person; drop the last large number to the right 
in front of the name, turn back to the preceding generation and find the identi- 
cal number. To find the grandparents, drop two of the large numbers to the 
right and turn back two generations and tind the identical numbers. Follow 
the same retrogression to find the other ancestors. 


To find the names of the children of any person, add a large numbei 
one, to the number in front of the name of the parent, turn to the succeeding 
generation and find the identical number, thus giving the eldest child, followed 
by the names of the other brothers and sisters, according to their relative ages. 


The serial numbers, to the right of the names, refer to the numbers, in- 
dexing the biographical notes on the preceding names. 


Take the following individual family on page as an example. 

1M'-3''1^ Bushvhead. Nannie Foreman. 


2 Richard Fields. Jennie Buft'ington, Elizabeth Hicks, Nancy 

Timherlake nee Brown and Grapp. Ai' 

OK 3 George Fields. Nannie Brown and Sarah Cody. A') 

4 Lucy Fields. Daniel McCoy and James Harris. 

5 John Fields. Elizabeth Wickett. 

6 Turtle Fields. Ollie, and Sarah Timberlake. Alo 
I 7 Thomas Fields. Nannie Rogers nee Downing. 

I 8 Susannah Fields. George Brewer and Thomas Foreman. 
9 John Martin. Nellie McDaniel and Lucy McDaniel. Al I 

10 Nannie Martin. Jeter Lynch. A 1 -"^ 

11 Rachel Martin. Daniel Davis. A I .! 
The 1M-3"1- is the heading (a) of this family of brothers and sisters. 
That the relative ages of the brothers and sisters is correct is indicated '\v 

the OK, (b) preceding their names. 

That these brothers and sisters are in the fourth generation in this, the 
Grant family, is shown by the last small number * to the right of the numbers 
of the heading (c) and preceding the name of the Bushyhead, the oldest 

The horizontal lines (d) between the first and second numbers and be 
tween the eighth and ninth numbers show that Field's are younger half broth- 
ers and sisters of Bushyhead and that they are older half brothers and sisters 
oi the Martins. 

The perpendicular line (e) before Thomas and Susannah Fields show 
that they are twins. 

Be careful in reading the numbers as indicated by (f), as; one, one, three, 
one, fourth generation. Richard Fields' number is 1M^3^2-', George Fields' 
number is iM-B^S"* and so on down to the youngest sister, Rachel Martin's 
number which is one, one, three, eleven, fourth generation. 


Nancy Foreman was the wife of Bushyhead. 

Richard Fields married Jennie Buffington, Elizabeth Hicks, Nancy Tim- 
berlake nee Brown and Grapp and the other brothers and sisters married 

as indicated. 


Richard Fields had children by his first three wives, but not by the last, 
as is indicated by the '^' after her name. 


To find the parents of this individual family, drop the last large and 
small number (H) and turn back to the third generation find the number 
l'l-3" and you will have the names of the parents (Bushyhead's father Cap- 
tain John Stuart, a British officer). The grandparents "of the Bushyhead- 
Fields-Martin brothers and sisters will be found by dropping the {3^\*) from 
the I'l-VM', turning back to the second generation and finding the numbers 
I'r- are before the names of William Emory and his wife who was the daugh- 
ter of l.udovic Grant. 


To find the names of the children t)f Susannah Fields who married 
George Brewer and Thomas Foreman, take her number; ri=3''8', add one 
large number one and a small number five to indicate the fifth generation, 

turn forward until you find her children. 

rr-3"8M'' Akv Brewer. .Archibald Foreman. 

2 Samuel Foreman. Sallie R. (}ourd. 
OK 3 Nellie Foreman. Adam Bilile. 

4 Charles Foreman. Annie Seabolt and Thirsey Colvin. 

5 William Hicks Foreman. * Mary Sweetwater. 

6 Joseph .Anthony Foreman. Narcissa Reeves Carey and 

Lethe Parris. 

7 Sallie Foreman. * 

8 David McNair Foreman. Sarah Sweetwater, Agnes Fore- 

man Sweetwater and Mary Foreman nee Sweetwater. 

9 George Foreman. Elizabeth Fields and Elizabeth Fields. 

10 Thomas Foreman. Elizabeth Chicken. 

1 1 Susan Foreman. Samuel Jones and Walter Stopp. 

12 James Foreman. * 

13 Edward Foreman. Mary Proctor, Sarah Proctor and Jennie 

Sosa nee Conrad. 

14 Elizabeth Foreman. Johnson Proctor and Redbird Sixkiller. 


1^ Ludovic Grant. Al 

IM- Grant. William Emory. 

IM-'l-^ Mary Emory. Rim Fawling and Ezekial Bulfington. A2 

2 Elizabeth " Robert Due and John Rogers. 

OK 3 Susannah " John Stuart, Richard Fields and Joseph 

lM-r"l-' John Fawling. Nannie Vann. A4 

2 William 

OK 3 Samuel Martin. Catherine Hildebrand, Charlotte Wickett. 

4 Elizabeth Buttington. David McLaughlin and Jeremiah C. 


5 Susannah Butfington. Jetfrey Beck and Surry Eaton. 

6 Annie But^'ington. * James Daniel. 

7 Ellis Bufflngton Catherine Daniel and Lydia Snow nee 


8 Mary Buttington. James Daniel. 

9 Thomas Bufflngton Mary Daniel. ^^ 
ri=2M-' Jennie Due. John Rogers. , 

2 Mary Bufflngton. David Gentry. ^ 


OK 3 Charles Rogers. Nannie Downing and Rachel Hughes. 

4 Aky Rogers. George Hicks and Daniel Vickery. 

5 John Rogers. Elizabeth Coody. k'l 

6 James Rogers. Nannie Coody. 

7 Nannie Rogeri. Looney Price and Nelson B. Grubbs. 
1'1-3-M^ Bushvhead. Nannie Foreman. 

2 Richard Fields Jennie Buffington, Elizabeth Hicks, Nancy 

Timberlake nee Brown and Grapp. A 8 

OK 3 George Fields. Nannie Brown and Sarah Coody. AO 

4 Lucy Fields. Daniel McCoy and James Harris. 

5 John Fields. Ellizabeth Wickett. 

6 Turtle Fields. Ollie and Sarah Timberlake. AlO 
I 7 Thomas Fields. Nannie Rogers nee Downing. 

8 Susannah Fields. George Brewer and Thomas Foreman 

9 John Martin. Nellie McDaniel and Lucy McDaniel. All 

10 Nannie Martin. Jeter Lynch. A 12 

11 Rachel Martin. Daniel Davis. Ali 
]i 12,3 1 4,.-; Ru^h Pawling. John Shepherd. 

V\-\^2*\^' Edmond Pawling. Nellie Lowrey. 

l'ri-"3"'l"' Brice Martin. Naomi Roach. 

2 Joseph Martin. Judith Roach. 

OK ^ Lucinda Martin. Joseph Spears and William Dennis. 

4 Martha Martin. John Ross Daniel. 

5 William A. Martin. Nannie Lucas nee Guinn, Necie Wade. 

6 John Martin. * 

7 Elizabeth Martin. McKenzie Coats. 

8 James Martin. Mary Duncan. 

q Ellen Martin. Nathaniel Green Duncan, Joseph Riley and 

Aaron Merrill. 

10 Susie Martin. Noah Lilliard. 

1 1 Mary Martin. '■'' Levi Jones. 

12 George Martin. '■■ 

13 Nellie Martin. John Agnew. 

1>l = l.-!44,.-; Ezekial Buftington McLaughlin. McDaniel* and 

Hannah Duncan. 
2 Andrew McLaughlin. Maria McDaniel and Elizabeth Lan- 

OK 3 James McLaughlin. * 

4 Ellis Buffington Towers. Charlotte Eaton. 
1M^"L'5-'1-' Elllis Beck. Charlotte Downing. 

2 Joseph Beck. Cynthia Downing. 


OK 3 Ezekial Beck. Ruth Hicks. 

4 John Beck. Emily IJuncan. 

5 JelTrey Beck. Sallie Downing. 
Pauline Beck. Aaron Downing, James Crittenden, Stephen 

Hildelnand and James Kesterson. 
Arie Beck. Joseph A. Sturdivant and Brice Hildebrand. 


8 Charlotte Eaton. Ellis BulTington Towers. 

9 Sinia Eaton. Solomon Denton and Younj;- Charles Gordon 

10 Richard Eaton. Elizabeth Alberty. 
1 1 Harlin Eaton. * Rebecca Crittenden. 
IM^lvM"' James Buflington. Matilda Benge. 

2 Ezekiel Buft'ington. Louisa Newman. 
OK 3 Mary Burt'ington. " Jnhnson McBreer and Hiram Mc- 

4 Ruth Burtington. * Robert Agnew and William Langtorj. 

5 Susie Butlington. Martin Root. 

6 Jennie Buft'ington. Charles Dougherty and John D. .Al- 


7 Clara Buftington. Elllis West and John Wright Alberty. 

8 Ellis Buftington. Elizabeth Starr. 

9 Elizabeth Buftington. Moses Alberty. 
I'Pl^SM"' Robert Buft'ington Daniel. Ann Daniel. 

2 Ezekial Daniel. Niesa Muskrat. 
OK 3 James Daniel. '■■ 

4 John M. Daniel. 

5 Susan Daniel. Samuel Knight Weir. 

6 Mary Daniel. George Carselowry, Isaac Woodall and \"\c- 

tor Benton. 

7 Annie Daniel. Thomas Woodall and Jacob Houston Wood- 

[1 1 = 13941.-. Susannah Buftington. Alfred Hudson. 

2 Joshua Buftington. Sabra Lynch. 
OK 3 Nannie Buftington. '■' Thomas Fox Taylor. 

l'l-2-'lM-' Annie Rogers. John W. Flawey and Thomas Irfins. 
2 Joseph Rogers. '' 

William Rogers. Nellie May. 

Tiana Rogers. David Gentry and Samuel Houslnn. 
Susannah Rogers. Nicholas Miller. 
Elizabeth Gentry. Ezekial Williams. 
Isabel Gentry. * 
Patience Gentry. * 
Pleasant Rogers. . 
Eliza Rogers. John Seabolt. 


1M = 










OK 3 Levi Rogers. Margaret Fields. 

4 Richard Rogers. * Eliza Lacey. 

5 Joseph Rogers. * 

6 Charles Rogers. Maria Reynolds. 

7 John Rogers. * 

8 Elizabeth Rogers. George Whitney Brand. 

9 Alzira Rogers. Lewis Fields. 

10 Catherine Rogers. * William Elders. 

\H'2^4*\^ Aaron Hicks. * Nannie Riley. 

2 Nannie Hicks. * John Bickle. 

OK 3 Naomi Vickery. Felix Riley. 

4 Moses Vickery. Diana Pheasant. 
1M-2"'5^P Cynthia Rogers. Joseph Coker and John Crump. 

2 Thomas Lewis Rogers. Ruth Maugh, Ellen Lombard and 
Lucy Brown. 
OK 3 George Washington Rogers. Malinda Scrimsher and Mar- 

tha England. 

4 Charles Coody Rogers. Elizabeth McCorkle, Nannie Coker 

nee Patton and Jennie Harlan. 

5 Nelson Rogers. Rose West and Margaret Scrimsher. 

6 Granville Rogers. * 
7 Randolph Rogers. * 

8 Isaac Rogers. Takey Cooley. 

V\'2-'6U'' Delilah Rogers. William D. Shaw. 

2 Ruth Rogers. Lewis Mcintosh. 

OK 3 Martha Rogers. Peter Harper and William Armstead. 

4 Jett'erson Rogers. * 

5 William Rogers. * 

6 Julia Rogers. James Kell. 

7 Elizabeth Rogers. Lewis Riley. 
1' 1=2=7^5 Moses Price. 

2 Alzira Price. Peter May. 

OK 3 Looney Price. Coleesta Jolly, Lucinda Phillips and Letitia 

4 Nelson Grubb. * Sarah Williams. 

iH'P\*\'' Jesse Bushyhead. Eliza Wilkerson. 

2 Isaac Bushyhead. Catherine Ratlit!" and Ghigau Snaker. 

OK 3 George Bushyhead. Guwohida Stofel. 

4 Nannie Bushyhead. John Walker and Lewis Hildebrand. 

5 Susan C. Bushyhead. Ezekial Lyons and L. P. Harris. 

6 Jacob Bushyhead. Nannie McDaniel and Elizabeth Romine. 

7 Charles Bushyhead. Pauline Starr and Sallie Miller nee 


V\-P2U'' George Fields. Sallie Daniel. 

2 Nannie Fields. William Blythe 


OK 3 Elizabeth Fields. William Thompson and John Blag^ 

4 John Fields. Elizabeth Wells. 

5 Ezekial Fields. Marv Ann Sexton. 

Moses Fields. Elizabeth Higby and Mahala Cadle. 

7 Dempsey Fields. Julia Harris. 

8 Henry Fields. Hester Ross. 

Lucy Fields. George Hicks. 

10 James Fields. Elizabeth Miller. 

1 1 Delilah Fields. James Foreman. 

1 2 Isabel Fields. Dennis Wolf. 

1M-5"3M' Annie Fields. Biofeather. 

2 Johnson Fields. Rebecca Fawn and Elsie Lee. 
4 Archibald Fields. Quatie Brown nee Conrad and Elizahef 

6 Robert Fields. Sallie Murphy. 

7 Susie Fields. Richard Taylor. 

10 Rachiel Fields. Crawford. 

3 Richard Fields. Lydia Shorey and Henrietta Ridgeway. 
5 Rider Fields. Margaret Bruner, Jennie Huss and Sallie Mc- 

8 Ruth Fields. John West. 

9 Nannie Fields. Richard Ratlift. 

1 1 Dempsey Fields. Annie (^launch. 

12 Martha Fields. William Mosley, John Thompson, John 

O'Bannon and Joseph Riley. 

13 John Fields. * 

lM-'3-'4M' Nellie McCoy. Charles Reese. 
OK 2 Susie McCoy. John McPherson. 

3 Sallie McCoy. * 

4 Alexander McCoy. Aky Gunter and Sarah Elizabeth Hicks. 

5 Daniel McCoy. Margaret Wolf and Littie Boyd Starr nee 


6 Rorv McCoy. * 

7 Rachel Harris. Archibald Lowrey and Harrison Daley. 

8 Nannie McCoy. Walter Scott Adair. 
lil-3"5^1' John Wickett Fields. Susannah Halfbreed. 

2 Agnes Fields. Archilla Smtih. 

OK 3 Charles Fields. Ollie Rowe and Elizabeth. 

4 Richard Fields. * Ghiyoku. 

5 James Fields. Lydia Wrinklelside. 

6 Tiana Fields. Joseph Swimmer. 

7 Tieska Fields. I vdia Vann and Charlotte Rowe. 


8 Sarah Fields. Thomas Smith. 

9 Elizabeth Fields. Thomas Spencer. 
10 George Fields. Rachel Grimmett. 

iM'i-'bM"' Sherain Fields. Ghi-_vu-nu-nu Looney. 

2 Cat Fields. Liti. 

OK 3 James Fields. Ga-yo-ka Eagle. 

4 Nannie Fields. * 

5 Daniel Fields. Jennie Drum and Susannah Eagle. 

6 Thomas Fields. Lydia Drum. 

|il =3:174 [.-, Sarah Elizabeth Fields. James V. Hildebrand. 

2 Rachel Jane Fields. William Stiff and Henry H. Hickey. 

OK 3 Ruth Fields. Jeremiah Bigelow. 

4 Richard F. Fields. Rachel Elizabeth Goss and Minerva Kerr. 

5 Margaret Wilson Fields. Robert Mosby French and Daniel 


6 Josiah Foreman Fields. '■■ 

7 Caroline Matilda Rogers Fields. William Penn Boudinot. 
lM-3-'8M"' Aky Brewer. .Archibald Foreman. 

2 Samuel Foreman. Sallie R. Gourd. 

OK 3 Nellie Foreman. Adam Bible. 

4 Charles Foreman. Annie Seabolt and Thirsey Colvin. 

5 William Hicks Foreman. ■■'■ Mary Sweetwater, 

6 Joseph Anthony Foreman. Narcissa Reeves Carey and 

Lethe Parris. 

7 Sally Foreman. * 

8 David McNair Foreman. Sarah Sweetwater, Agnes Fore- 

man Sweetwater and Mary Foreman nee Sweetwater. 

George Foreman. Elizabeth Fields and Ellizabeth Fields. 
10 Thomas Foreman. Elizabeth Chicken. 
1 1 Susan Foreman. Samuel Jones and Walter Stopp. 

12 James Foreman. * 

13 Edward Foreman. Mary Proctor, Sarah Proctor and Jen- 

nie Sosa nee Conrad. 

14 Elizabeth Foreman. Johnson Proctor and Redbird Six- 

1'1-3'''')M""' .Martha Martin. George Washington Adair. 

2 Annie Martin. Benjamin Franklin Thompson, 

3 Joseph Lynch Martin. Julia Lombard, Sallie Childers, Lucy 

Rogers, Caroline Garrett and Jennie Harlin. 

4 Brice Martin. Sarah Jones. 

5 Gabriel Martin. Eliza Webber. 

6 Susannah Martin. Clement Vann McNair. 

7 Richard Fields Martin. * 

8 Ellen Martin. * James Jeremiah Vann. 

Charlotte Martin. Joseph Martin Lynch. 
10 Jennie Martin. John Adair Bell. 


1 1 Eliza Martin. Franklin Adair, Devution O. \\rij;iit and 

John A. i^ichards. 

12 John Martin. Hli/.a Vann and Martha Chamhcrs. 

13 Nannie Martin. David Bell, William Cunningham and Ulu- 

ford West Alberty. 

14 Cicero Martin. •■' 

15 Rachel Martin. Samuel W. Bell. 

to Pauline Martin. Braxton Nicholson, Levi Sidney, TJKimab 
Landrum and Robert Rogers. 

17 .Amelia Martin. ■■'■ John B. Duncan. 
1' l-i^lO-" 1'' Martin L}nch. James Allen 'Jhompson. 
2 Sallie Lynch. Jonathan Hnji'land. 
OK 3 Mary Lynch. John Williams. 

4 Berilla Lynch. Marshall and Lowrey Williams. 

5 Sabra Lynch. Joshua Butiinjiton and John Adair Bell. 

6 Joseph Martin Lynch. Ciiarlotle Martin. 

7 Maria Lynch. Johnson Thompson and .Andrew Brown Cun- 


8 Rachel Lynch. Thomas Benjanrin Adair. 
Martin Davis. Julia Anna Tate. 
William Davis. " 

John Davis. Jennie Saphronia Tate. 
Lorenzo Dow Davis. Susie Miller. 
Coleman J. Davis. Eliza HulL 
Jeter Davis. '■' 

Elias Earl Davis. Amanda Brown. 
Joseph C. Davis. " Malissa Stallings. 
Delilah Davis. * 
•Amanda Jane Davis. " 
Edward Fawling. .Wargaret Smith. 
Joseph Fawling. l.ydia Brown. 
Rim Pawling. ■■■ 
Ellis Fawling. Elizabeth Grirt'in. 
Elizabeth Fawling. Hiram Moody and Samuel Scharhle. 

7 James Fawling. * 

8 Susie Fawling. Thomas Smith and Isaac Tinmions. 
Ii,2,.-i34i.-,j., Samuel Martin. Mary McLaughlin. 

lM = l-"3-*2''r' Mary Martin. 

lM = l"3-'3-'l'' Mary Spears. Lewis Duncan. 

2 Annie Spears. Wahuska and McKenzie Coats. 


1 I 

4 1 .-, 





-, ( r, 



OK 3 Elizabeth Dennis. " 

4 Martha Dennis. '■■ Isaac Mouse. 

5 Margant Dennis.' Meredith and Thomas Tinney. 

6 Benjamin Dennis. 


7 Missouri Dennis. 

8 Marion Dennis. 

9 Caroline Dennis. Fredrick Sykes. 

I'lM-'iM-M" Eliza Annie Daniel. John S. Freeman and Henry Lee Hill 
2 William Adolphus Daniel. Lucy Ann McGhee. 
OK 3 Thomas Webster Daniel. * Amanda J. McCreary. 

4 Joshua Buflington Daniel. Sallie Clark. 

5 John Martin Daniel. Nannie Josephine Watie * and Alice 

Rebecca Smith. 

6 Marmaduke Daniel. A. E. Dumas. 

7 Emma Jennie Daniel. Henry Donnelly. 

8 Susie Ellen Daniel. Surry Eaton Beck, 
jip 1:1345:,,. ; jqI^j^ g^i^j. Martin. Lucinda Still. 

2 Sarah Jane Martin. Samuel Bryant. 
OK 3 Almon Martin. Charlotte Jane Cordery and Sarah Cath- 
erine Moore. 
4 Mary E. Martin. John McLain and George Still. 

Samuel Martin. * 

Susie Martin. Peter Tovey. 

William A. Martin. Mary Still. 

Rose Martin. * 

George Coats. * 

Charles Coats. Jennie Cope. 

Mary Coats. * 

William Penn Martin. * 
2 Charlotte Martin. * 
1M-1-'3^Q"'1" Bluford West Duncan. Samantha Carter nee Lane. 
2 Rebecca Jane Duncan. Francis Marion Conner. 







2 ( 





OK 3 James Thomas Riley. Martha Jane Hillen. 

4 Oscar Merrell. Mary J. Conner nee Crockett. 

I'l-1-''3'I0'1'' Mariammne Catherine Lillard. Thomas Ballard. 

2 Minerva Elizabeth Lillard. John Joshua Patrick. 

OK 3 Boliver Decatur Lillard. * 

4 Andrew Jackson Lillard. Vada Stiles * and Mary White. 

5 Zachariah Taylor Lillard. Ella Patrick. 

6 William Lillard. * Elizabeth Raft. 

7 Cynthia Lillard. Benjamin Talley. 

I'I = 1"3-M3'1" Walter Scott Agnew. Sarah Seabolt nee Rilev and Mar\ 
E. Cobb. 

2 Charlotte Agnew. Allen Roberts. 

OK 3 Margaret Agnew. John S. Spradling and William Cot^'ei 


4 Cynthia Agnew. Josiah Fields Seabolt. 


5 Caroline Agnew. Anderson l.andruiu Crittenden Jennini^s 
and John George Butler. 
iM^I'M^l'l'^ Mary McLaughlin. Samuel Martin and George W. Hughes. 
2 John McLaughlin. - 
OK 3 Ezekial Collins McLaughlin. Susan Harkins and Ellen J. 


4 Jennie McLaughlin. Ellis McDaniel. 

5 David McLaughlin. Frances Reynolds. 

iM = l-''4^2M'' George McLaughlin. Sinia Beck and Sarah Langley. 
2 WilUiam McLaughlin. Ahoka. 
OK 3 Elizabeth .McLaughlin. John Calhoun Sturdivant. 

4 Rebecca Ann McLaughlin. Andrew .Jackson Chick. 

5 James Landrum McLaughlin. Sarah .Ann Smith. 

6 Andrew Leonidas McLaughlin. '•'■ 

7 Joshua Ezekial McLaughlin. Celia Davis, Etta Renfro and 

Margaret Caroline Inlow. 

8 Mary Jane McLaughlin. * Lewis Glenn and William Hen- 


9 Joseph Frank McLaughlin. Minnie M. Price. 

10 Maria Caroline McLaughlin. Jack Jones. 

1 1 Rachiel Susan McLauglin. William Henry Donaldson. 

1 2 Charles Gordon McLaughlin. * 

13 Benjamin Peters McLaughlin. 
iM-rMM'T' Mary Elizabeth Towers. * 

2 Jeremiah Clinton Towers. * 
OK 3 William J. Towers. Theodosia Nicodemus. 

4 Charlotte Towers. Jacob U. Alberty. 

5 Athena Josephine Towers. Henry Clay Mayes. 

6 Susie Towers. Sanders Crittenden. 

1' l-'l-'SMM" Orange Beck. Louisa Tiger and Lethe Parris. 
2 Jeffrey Beck. Rachel Muskrat. 
OK 3 Susannah Beck. Albert McGhee and Alfred Pigeon. 

4 Samuel Beck. Susie Sixkiller, Salina Foreman and Eliza- 

beth Dry. 

5 Cynthia Beck. Releford Beck, Henry Mitchell and William 

Taylor Barton. 
1M-r'5^2'l« Aaron Headin Beck. Catherine McCreary nee Foreman 
and Josephine Downing nee Welch. 
2 Arie Beck. Andrew Pettit, Archibald Love and Jonathan 
OK 3 Mary Beck. Frank Pettit. 

4 Releford Beck. * Cynthia Beck. 

5 Wetherford Beck. Sabra Sturdivant. 

6 Joseph Beck. '•' 

7 Jeffrey Beck. Mary Ann McLain. 

8 Surry Eaton Beck. Julia Hildebrand. 


9 Susie Beck. John Pinkney Chandler. 

10 Ellis Beck. =' 

1 1 Elizabeth Beck. John Riley and John Wilson Howerton. 

12 Lethe Beck. John Butler, Wellington Crittenden, L. Har- 
rison and Ur. Peter Tabler. 

liri'5-'3-'l" Caroline Beck. Matthew Young. 

I'Pl^SM-M" William Wilhorn Beck. * 

2 David McLaughlin Beck. Mary Vickory, Julia and 

Amanda Hillen. 

OK 3 Louisa Beck. John Pinkney Chandler. 

4 Martha Beck. =■= 

5 Tabitha Beck. Andrew Freeny. 

6 Mary Beck. John Talbert and Henry Clay Freeny. 

7 Aaron Headin Beck. " 

8 Elizabeth Beck. Daniel Foreman and Rider Cloud. 

9 Joseph Beck. '■■' 

10 Sinia Beck. Jerimiah Horn and James Murphy. 

1 1 Susie W. Beck. ^■■ 

12 Sallie Jane Beck. Seaborn G. Mabry. 

13 Emily Beck. John Alexander Sevier and Thomas Dyer. 

14 John Walter Beck. Cynthia Ragsdale. 
\H-\^5'S''V Mary Beck. Stephen Hildebrand. 

2 Ezekial Beck. Martha Sturdivant and Mary Ellen Woodall. 

OK 3 ,Iohn Beck. - 

4 Surry Eaton. Margaret McCoy and Sussie Ellen Daniel. 

5 Sinia Beck. George McLaughlin. 

6 Sabra Ann Beck. George Selvidge and John Parker Collins. 
1M-I''5''7''l'' John Calhoun Sturdivant. Elizabeth McLaughlin. 

2 Martha Sturdivant. Ezekial Beck. 

OK 3 Martin Butler Sturdivant. Matilda Barnett. 

4 Sabra Sturdivant. Weatherford Beck. 

5 Robert Sturdivant. * 

6 William Ballard. Fannie Ann Myers. 

l'Pl-'5^S'l" Mary Elizabeth Towers. - 

2 Jeremiah Clinton Towers. * 

OK 3 William F. Towers. Theodosia Nicodemus. 

4 Annie Charlotte Towers. Jacob U. Alberty. 

5 Athena Josephine Towers. Henry Clay Mayes. 

6 Susie Towers. Sanders Crittenden. 

ri = l''5'9'i'' Eliza Denton. James Abercrombie Duncan. 

2 John T. Denton. Margaret Downing, Sallie Shirlev 
Elizabeth Holt. 

OK 3 Amanda Cherokee Duncan. John Talbert Scott. 

4 Temperance Duncan. " 




HP 107 



1 O"' ! " 




1 ■"■ 1 '■• 


Millard A. Duncan. * 

Ellis Manchell Eaton. Mary Frances Alherty. 

Susie Mary Eaton. Ellas Cornelius Alberty. 

William Henry Eaton. * 

Walter Richard Eaton. Mar.iiaret Marv Musgrove. 

Ellis Burtington. Martha Copeland. 

Jennie Bull'ington. Joseph Ganibold Miller. 

Elizabeth Butt'ington. Cornelius VVrignt. 

Ezekial Burtlngton. - Martha Thomas nee Copeland. 

Ruth Ann Buffington. Hindman Booth Hovt. " 

John Buftington. * Marv Buri^ess. 


lM7l-''7-*2-^l'' Catherine Buffington. Leonidas Holt. 

2 Mary Jane Buflington. Jerome Lorenzo Greer. 

OK 3 Jonathan L. Buflington. * 

4 John Daniel Buflinglon. Fannie Morris. 

5 Ezekial Lafayette BulTington. * 

6 Senia Elizabeth Bul]ington. Samuel Benjamin Ward. 

7 Thomas Mitchell Buflington. Susie H. Woodall * and Em- 

ma L. Gray. 

lM-rv^5"T' \Mlliam Root. * 

OK 2 Martin T. Root. Lucy Crittenden. 

lM-l'V^6'r' Ellis Dougherty. '■' 

2 Eli West Dougherty. Jennie Chinosa Vann. 

OK 3 Lydia A. Alberty. 

4 Jacob U. Alberty. 

5 Flora Alberty. * 

6 John A. Alberty. 

Annie Charlotte Towers. 


lir-'l"7^7°l" Charlotte Belle West. Jacob West Markhani and William 
Lavesque Wilder. 

2 Bluford West Alberty. Louvina Jane Adair nee Lewis. 
OK 3 Ellis Buffington Alberty. * Eugenia Vann. 

4 Moses Alberty. Nancy Jane Holland. 

5 Joseph Vann Alberty. Nannie Louvenia Akins nee Danen- 

,il2|374g3i6 Ezekial Starr Butiington. Annie Scasewater. 

2 Jennie Burtington. Samuel Adair and John Bean Johnson. 
OK 3 Joshua Burtington. =•' 

4 Ellis West Burtington. Malcena Clementine Fisher and Alice 
5 Sabina E. Burtington. Rufus Bell Adair. 

6 Almenta Burtington. James Scasewater and James Robert 

lM-1^7^9'r' Clara Eva Alberty. Francis Marion Musgrave. 
2 William Henry. * 
OK 3 Thomas Burtington Alberty. Julianna Danenburg. 

4 George Washington Alberty. Cynthia Musgrove nee 


5 Ellis Burtington Alberty. Martha Murrell. 

6 John Alberty. Norma Adair. 

7 Lydia Ann Alberty. * 

8 Jacob Alberty. Nevada Jones. 

9 Mary Francis Alberty. Ellis Manchell Eaton. 
Iipi384|.=i)6 £|J2a Daniel. John Thomas McSpadden and Frederick W. 

2 Fannie Daniel. Samuel Gunter, Henderson Holt and Jame.s 
Monroe Crutchfleld. 
OK 3 Susie Daniel. Daniel O'Conner Kell and Dr. Morris Frazee. 

4 Osceola Powell Daniel. Susie Ross, Emma Ross, Flora 

Riley and Nannie Thompson nee Taylor. 

5 Richard T. Daniel. * 

6 Walker A. Daniel. * Hester Ketchum. 

7 Thomas Fox Daniel. * 

8 Robert J. Daniel. * 
l'l^'l-'8^2-'l« Robert Daniel. 

lil^l-'S^S-"^!" Annie Eliza Weir. " Bird Woodard. 

2 Webster Wayne Weir. Sabra England. 
OK 3 Eudocia Weir. Jordan Clark. 

4 Theodore Weir. * 

5 Mary Weir. George Washington Fields. 

6 Martha Weir. * 

1M-1^S■'6•■!''• James Madison Carselowry. Catherine Emory. 











2 Annie Woodall. =* Robert Wingtield. 

OK 3 Susie H. Woodall. * Ihonias Mitchell Ikillinjjton. 

4 Jennie Woodall. James Frederick Charlesworth. 

1 1 187 1 Louisa Woodall. Jesse Roberts and William Coble. 

2 Mary Ellen Woodall. Ezekial Beck. 

OK ^ Charles Woodall. Roxie Ann Morris. 

Emma Woodall. William I'enn Thorne. 
Elizabeth Ethel Woodall. Howe Leonidas Rogers. 
Louisa C. Hudson. * Jacob Albertv. 
Joshua Thomas Bullington Hudson. Sarah Berry. 
Mary Elizabeth Hudson. Caleb Duncan. 
Nannie Butlington. William West Alberty, James Blake 
and William Lavesque Wilder. 

2 William Wirt Bulfington. Josephine Bell and Caroline 

Thompson nee McCord. 
OK 3 John Ross Buffington. Naimie Bryan. 

Webster But^'ington. * 

Eliza But^ington. Joseph George Washington Vann. 
Mary Jane Buft'ington. Robert Fletcher Wyly. 

Elmira Flawey. =■■ Farrington. 

Elsie Flawey. * 

Robert Due Rogers. 

Jennie Rogers. John D. Alberty. 

Mary Ann Rogers. Josiah Knight and Valentine Gray. 

Minerva Rogers. James Augustus Choutau. 

Musidora Rogers. William West Alberty. 

Caroline Rogers. John Rufus Wyatt. 

Gabriel Gentry. * 

Joanna Gentry. * 

Melzie Miller. '■''' 

Mary Williams. 

Jennie Rogers. John Willingham. 

Joseph Rogers Seabolt. * 

William Holly Seabolt. Sallie Campbell. 

John Looney Seabolt. * Jennie Riley. 

Francis Marion Seabolt. * Eliza Cozens nee Smith. 

Sallie Seabolt. * Josiah Pigeon. 

Emetine Seabolt. * 

David Riley Seabolt. * Sallie Riley. 

Nannie Catherine Seabolt. George W. Harkins and Ezekial 

Martha Seabolt. Joseph Lawrence and George Bark. 
James Rogers. Mary Sanders. 
Charles Rogers. * Susie Foreman. 
Elmira Rogers. Timothy Fields. 




































Pl. 2.^3435 







lM-2-'3^8-''l" Elizabeth Brand. Theodore Cummuigs and Solomon Brags; 
2 Frances Brand. William Elders. 

OK 3 John Rogers. Missouri Emma Quinton. 

4 Cynthia Ann Rogers. * 

5 Margaret Brown. * 
lM-2"4-*3-'l'' Nancy Jane Riley. William Rider, Frederick Hill and 
Charles Wallace. 
OK 2 Samuel Riley. " 

^H-2H^4''V' Nelson C. Vickery. Mary L. James. 

1' l-2''5^I-'r' Minerva Coker. Yocum and John Daniel. 

■■ Dempsey Fields Coker. Eliza Jane Marlow and Elizabeth 

OK 3 John Rogers Coker. Annie Hogan. 

4 George Coker. Nancy Patton. 

5 Randolph Coker. Minerva Foster. 
l't-2'5-'2"'r' Lucy Brown Rogers. Joseph L}nch Martin. 

2 Elizabeth Rogers. John W. T. Spencer. 

OK 3 Thomas Lewis Rogers. Ellen Coody and Nannie Martin. 

4 Rose Ella Rogers. * 

5 John Rogers. * 

6 Napoleon Bonaparte Rogers. Annie Charlotte Martin and 

Jennie Martin nee Harlin. 
8 Granville Rogers. •■' 
10 Elmira Rogers. Thomas Rodman. 

13 Julia Rogers. Martin Payne. 

14 Nancy Ellen Rogers. Richard Lewis Martin. 

15 Cynthia Rogers. William Due Musgrove and George 

Washington Alberty. 

Victoria Rogers. Joel McDaniel and Amos Flint. 
Eliza Rogers. William North West. 

I 1 1 Joseph Rogers. Elizabeth Carpenter. 

I 1 2 Antoine Rogers. Elizabeth Rogers nee Carpenter, 

r I- V'5^3'''l" John Lewis Rogers and Harriettee Meeks, 

Margaret Cummings and Sabra Berilla England. 

2 William Wilson Rogers. Martha Frazier. 

OK 3 Georgia Ann Rogers. Richard Prather. 

4 Ella Ann Rogers. * 

1' r-2--3'4' !'■■ Cynthia Rogers. * 

2 Sarah Rogers. * 

OK 3 John Benjamin Franklin Rogers. * Annie F. McCoy. 

4 William Charles Rogers. Nannie Havnie. 

5 Mary Ann Rogers. Reuben Bartlev Tyner. 


6 Joanna Goody Rogers. John Calhoun Duncan. 

7 Charles Patton Rogers. * 

8 Augustine Rogers. Archibald McCov. 

IM ^2-5^5' 













9 Delilah Beatrice Rogers. William Henry Mcl.ain. 
10 Charles Henry Rogers. Mary V. Brady. 
!'■ Lewis Rogers. Josephine Landrum, Helen Ross and 
Sarah Rogers. David Vaught, William Wilkerson, Alfred 
Campbell and J. J. Griggs. 

3 Eliza Rogers. Virgil Rogers and Alexander Mc Daniel. 

4 WelUington Rogers. Mary Scrinisher, Susie Reed and Dor-i 

E. Hicks nee Scovel. 

5 Charlotte Rogers. Rogers and Patrick Shanahan. 

1'' George Rogers. * Sallie Colston. 

2 Nannie Rogers. '- William Reese. 

1" Houston Shaw. ■■'■ 

2 Henry Shaw. ^'^ Nannie Rhoda Ross nee Stitf. 

1" William R. Mcintosh. 

2 Alexander Mcintosh. •■■ 

3 "Fiskv" Mcintosh. 




Margaret Harper. * Alfred Finney Chisholm. 

Nannie Harper. Edward Cobb and John M. Burns. 

Helen Alice Kell. Thomas Fo.x French. 

Catherine Delilah Kell. Robert Mosby French. 

James Kell. * 

James Riley. "' Ida Gustavia Dance. 

Flora Riley. Osceola Powell Daniel. 

Elizabeth May. '■' 

Rachel May. William Henry Mayes. 

Laura Ma}-. 

Joseph Price. Sallie Rogers nee Colston. 

William Shorey Price. '■' 

Daniel Goody Price. Mary Ann Jones. 

Montezuma Price. 

Millard Filmore Price. * 

George Murrell Price. Eliza Jane Vinyard nee Roach. 

Annie F. Price. Otis Saladin Skidmore. 

Caroline Walker. James Lee Floyd. 

Jennie Bushyhead. Richard Drew. 

Dennis Wolf Bushyhead. Elizabeth Alabama Adair nee 

Scrinisher and Eloise Perry Butler. 
Daniel Colston Bushyhead. * Amanda McCoy. 
Charlotte Bushvhead. George Washington Mayes. 
Edward Wilkerson Bushyhead. * Helen Nicholls nee Corey. 
Caroline Elizabeth Bushevhead. - William Robert Quarles. 


7 Eliza Missouri Bushyhead. * David Rowe Vann and Bluford 

West Alberty. 

8 Jesse Bushyhead. * 

9 Nannie Sarah Bushyhead. Dr. Felix Hurd McNair. 
^1123.-1,42516 y^nn Olivia Bushyhead. John Brown Choate. 

2 Nancy Abigal Bushyhead. William Watson Walker and 
Thomas Nathaniel Cropper. 
Iip3-M^3-M6 Tip Bushyhead. * 

2 Smith Miles Bushyhead. Elizabeth Sixkiller and Nellie 
OK 3 George Wilson Bushyhead. Martha Sixkiller. 
Iij233|445i6 Sarah Walker. Georg:e Washington Lasley. 

OK 2 Eben Walker. Sarah Lasley nee Harlan. 
111233145.-. !>; Sarah Lyons. John Dance and Saturday Vann. 

2 Vivian Harris. 

OK 3 Josephine Lyons. * 

4 Emma Lyons. John Bradshaw. 

5 Flora Harris. 

11123.-? 1455 [f? Henry Bushyhead. Sarah Langley and Emma Crittenden. 

2 Joseph Bushyhead. Delilah Sixkiller. 

OK 3 Lovely Ann Bushyhead. John Beard. 

1M-3^1-'7''I« Runabout Bushyhead. 

2 Jesse Bushyhead. Sallie Walker and Jennie Snail. 

1M=3='2-»1'M« Richard Fields. Mary Wilds. 

2 James Fields. Jennie Berry. 

OK 3 Nannie Fields. John Crutchfield. 

4 Elizabeth Fields. Charles Mograin. 

5 Louisa Fields. William Kendall. 

6 Mary Ann Fields. George Grimmett. 

7 Thomas Monroe Fields. Martha Jane Clin^an. 
1M=3^2^2M'' John BIythe. .Justine Cadle, Jane Lane nee Harlan and 

Polina James nee Tucker. 

2 Martha Jennie BIythe. Alexander Adam Clingan. 
OK 3 William BIythe. Fannie Hammondtree. 

4 Elizabeth BIythe. Ira Goddard. 

5 Mary BIythe. Andrew Jackson Tucker. 

6 Elijah BIythe. Martha Clingan. 

7 James Chastine BIythe. Sarah Jemima Rogers and Sarah 

Matila Kell nee Harlan. 

8 Absalom Ellis BIythe. Mary J. Millsap. 

9 Nancy Ann Rogers. Archibald Henry and William E. Bean. 
10 Joseph Riley BIythe. * 

1M^3*2-'3''1" John Thompson. Margaret Fields, Minerva Biggs and 
Elizabeth Griffin. 
2 Charles Thompson. Susie Taylor. 
OK 3 .Alexander Thompson. Ruth Phillips and Elmira McLain. 


1M-332M=1« Martha Fields. Hilliard Rogers. 

2 Richard M. Fields. Margaret Ann Wolf. 

OK 3 Nannie A. Fields. 

4 Mary A. Fields. Louis Mograin. 

5 James W. Fields. 

6 John R. Fields. 

7 Sabra Jane Fields. Robert Donald Foster and John Secrest. 

8 Sarah E. Fields. * 

H 1233245., iG Delilah Fields. John Scroggins. 

2 Jennie Fields. Frank Padgett. 

OK 3 Ruth Fields. Isaac Scrimsher. 

4 Richard Fields. Elizabeth Blagg. 

5 Martha Fields. Jacob Muskrat. 

6 George Washington Fields. Mary Melvina Weir, Sarah Mc- 

Ghee and Elizabeth Silversmith. 

7 Ezekial Fields. Margaret Weir. 

8 Mary Fields. Ellis Dick. 
\i\-y'2^6''V' Catherine Fields. James Rawles. 

2 Mary Jane Fields. James Rawles and William Phillips. 

OK 3 James Sanford Fields. Charlotte Stover. 

4 Margaret Fields. James Smith. 

5 Samuel Igo Fields. Caroline Belvidere Phillips. 

6 Martha Emeline Fields. John Ross Simons and Louis 

Langley Horsley. 

7 Sarah Penelope Fields. John Jackson Smith. 

8 Laura Victoria Fields. Jacob Yeager. 

9 Moses Albert Fields. * 

10 Saphronia Fields. Franklin Pierce Milligan. 

1 1 Susie Fields. * William Tweedle. 
lM-3^2-'7''r' Charles Fields. Nannie Hornet. 

2 Daniel Fields. * 

3 Elizabeth Fields. Taylor Girty. 

4 Sarah Fields. * Charles Thompson. 
lM-332-'8M" Richard Fields. * 
,11233249^10 Delilah Hicks. * Bryan Ward. 

2 Jefferson Hicks. Nannie Lowrey and Margaret Lowrey. 

OK 3 Eleanor Ophelia Hicks. Gilbert Wilson. 

4 Henry Hicks. * 

5 David Hicks. * Elzina Wilson. 

6 Frank Hicks. * Celia Baldridge. 

I 7 William Hicks. Priscilla Thompson. 

j 8 Mary Hicks. W. A. Coleman. 

111=3324 10=1'; Martha Fields. - Richard Wofford and Joseph Martin Hilde- 


2 Andrew Fields. Virginia Doherty. 


OK 3 Elmira Fields. James Starr, John Walker Starr and John 
Joshua Patrick. 

lM-'3^2Ml = l<' Susan Henrietta Foreman. Anderson Benge and Henry 
2 Elizabeth Foreman. Samuel Worcester McCoy. 
OK 3 John Foreman. * 

4 Margaret Foreman. James Christopher McCoy. 

5 Spencer Foreman. ''■' 

iH-3"^2U2n''' Thomas Wolf. Sarah Nix. 

2 Nancy E. Wolf. * Thomas Jefferson Monroe. 

OK 3 Margaret Ann Wolf. Richard M. Fields and George Ewers. 

4 James Wolf. * 

5 Martha Wolf. * 

1M=3^3'*P1'^ Washinglon Lowrey. Jennie. 

2 Archibald Sixkiller. Charlotte Pettit nee Adair. 

3 Thomas Sixkiller. 

4 Tire. 

5 George Bigfeather. Jennie Sanders. 

6 Annie Bigfeather. * 

7 Hawk Bigfeather. * 

8 Oolagala. Charlotte Rowe. 
1M=3''3^2516 David Fields. * 
OK 2 Elizabeth Fields. * 

lM-3-'3^3"l'' Elizabeth Pack Fields. William Shorey Coody and John 
Shepherd Vann. 

2 Amanda Fields. Major General Delos Bennett Sackett 

U. S. A. 

3 William Fields. Charlotte Candy. 

4 Wirt Fields. Sarah Woodard. 

5 Lucy Fields. Redbird Smith. 

6 Richard Fields. Lydia Backbone. 

7 Letitia M. Fields. James Daniel Wilson. 

1'P3-'3MM« Jennie Fields. Allen Ross. 

2 Louisa Fields. James Mackey. 

OK 3 George Washington Fields. Elvina McCoy. 


4 John Fields. * 

5 Sarah Fields. Alexander Foreman. 

6 Martha Fields. * Sanuicl McDanlel Tavlor. 
lM-333-'5'l« Sarah Fields. Jacob Miller. 

2 Ellen Fields. * 

3 Rachel Fields. '■• Benjamin Fife. 

5 Susan Fields. Charles Coodv and David Steele. 

4 Catherine Fields. * 

6 Nannie Fields. Lewis Bruner. 

7 Annie Fields. Archibald Ballard. 

^1 1:333455 jG Johnson Fields. *Ghigau Teehee and Mary Lowrey. 

2 Susie Fields. Catcher Teehee. 

OK 3 Cherokee Fields. * 

lM-3^3^7''l'^Annie Taylor. Robert Bufl'ington Daniel. 

2 Mary Jane Taylor. Dr. Jeter Lynch Thompson. 

OK 3 Eliza Christine Taylor. Johnson Thompson. 

4 Frances Taylor. James Leon Butler. 

5 Louisa Taylor. John Osborn Walker. 

lil-3-'=3^85l'"' William Mosley West. Elizabeth J. Clyne. 

2 George Rider West. * 

OK 3 Martha West. Jackson Cozens. 

4 John Calhoun West. Margaret Elizabeth Hickey. 

5 Kiamitia West. Allen Gilbert. 

6 James Polk West. Missouri Barnett. 

7 Ruth Elizabeth West. Richard Brewer and William Walter 


8 Franklin' Pierce West. Mary Ellen Allen nee Brewer. 

111233349.^10 William Ratliff. Eliza Scales and Martha Crossiand. 

2 Cherokee Ratliff. George Washington Brewer. 

OK 3 Kiowa Ratliff. * 

|i 1=33341 Q-.10 Lacey Wilson. Margaret Johnson. 

2 Robin Crawford. Annie Boston. 

OK 3 Jennie Crawford. * Wildcat. 

5 Marv Crawford. William Griffin and Waspeaker. 

IM-333M 1-1" Mary C. Fields. J. C. Cromwell and James L. Smith. 

1M=3^3M2M" Sarah Elizabeth Mosley. John Leak Springston. 

2 Ruth Drew. Joseph .Miller Ross. 


OK 3 George Fields Drew. * 

4 Nancy Jane Riley. * Daniel Webster Vann. 

6 John Martin Riley. Nannie Ethel Brewer. 

5 Richard Fields Riley. * Eliza Webber. 

7 Martha C. Riley. John West Markham. 
\H-i-'4*V'V'' Sallie Reese. James Taylor and Redmond. 

2 Henry Dobson Reese. * Rachael Wolf and Ellen Keys. 

OK 3 Catherine Reese. Thomas Starr. 

4 Mary Reese. Frederick Cable and Tatnall Holt Post. 

5 Polly Reese. Fields Starr, Matthew Guerin, Oliver Miller. 

6 Charles Reese. * 

7 John C. Reese. * 

8 Eleanor Reese. Charles Lowrey. 

9 George Reese. * 

10 Margaret Ann Reese. William Cofiin Woodall. 

1 1 Rory McCoy Reese. Martha Josephine Griffin. 

12 Charlotte Reese. Henry Nave and McDuft' Ross. 

1 1 1=33442.-. I c. George Washington McPherson. Elmira Gardenhier. 

2 Lucy McPherson. Charles Griffin, John Gordon and Coo- 

OK 3 Christine McPherson. Nathan Baron Danenburg. 

4 Hugh Montgomery McPherson. Harriette Candy. 

5 Alexander McPherson. Charlotte Towers. 

6 Elizabeth McPherson. Engevine Coodv. 

7 Nannie McPherson. William Starr. 

8 John Virgil McPherson. Lucinda Painter, Elizabeth Morris 

and Mary Dawson nee Ragsdale. 

9 Silas McPherson. * Minerva Eldridge. 

1M-3MM"'1« Jorn Lowrey McCoy. Charlotte RatlitT, Emma Bennett and 
Lucy Jane Adair. 

Lucy McCoy. James Gatlin. 

OK 3 Elvina McCoy. George Washington Fields. 

4 Mary Ann McCoy. Washington Starr and George Gann. 

5 Richard Martin McCoy. Ellen Adair. 

6 Araminta McCoy. Bluford West Rider, James Starr, An- 
drew Sanders and Joseph Tapp. 

7 Edward Hicks McCoy. Sallie Swimmer nee Haley. 

8 Charles R. McCoy. * Nannie Watts and Arie Ann Massey. 

9 Elizabeth McCoy. * Ellis Sanders. 

10 Nancy Caroline McCoy. James Lafayette Bigby. 

11123.344551 fi Joseph Rogers McCoy. Mary Hicks. 

2 Sallie McCoy. Andrew Miller and Charles Bushyhead. 

OK 3 James Christopher McCoy. Jennie Adair, Margaret Fore- 


man and Malinda Carey nee Downing. 

4 Rory McCoy. 

5 Ruth Emeline McCoy. George Washington Hause and 

Jerome Newton Kepheart. 

6 Samuel Worcester McCoy. Elizabeth Foreman. 

7 Mary McCoy. Wiley Vann. 

8 Amanda McCoy. * Daniel Bushyhead. 

9 Margaret McCoy. * Surry Eaton Beck. 

10 Daniel Hicks McCoy. Nannie Davis and Rebecca Fowler. 

1 1 Sabra Buftington McCoy. * John Ross Hicks. 

12 John Alexander McCoy. Elizabeth Keys, Jennie Dennis. 

Annie Coker, Annie Chooie and Margaret Hogan. 

13 Annie F. McCoy. '■' John Benjamin Franklin Rogers. 

lM-3"'4^7"' !'■ James Lowrev. Ellen Piiieon. 

Joseph Perdue. Nannie Keener and Martha Matlock. 

OK 3 Rut'us Daley. Mary Holman and Missouri VVeathersby. 

4 Nannie Adair Daley. John Washington Hughes. 
lM''3-''4^8''l" Elizabeth Neeley Adair. Timothy Meigs Walker. 
2 James Warren Adair. Susannah Deborah Bean. 
OK 3 Susan Caroline Adair. Robert S. C. Noel and Edwin Dow 


4 Sarah Ann Adair. William Penn Adair. 

5 Edward Underwood Adair. 

6 Mary Buffington Adair. Dr. Walter Thompson Adair. 

7 Hugh Montgomery Adair. Eliza Jane Hearst, Martha I.. 

Johnson and Phoeba Acena Morris nee Pace. 

8 Lucy Fields Adair. Waldemar S. Lindsley. 

9 Minerva Cornelia Adair. * 
1iF3-'5^1M'' Elizabeth Fields. * Stand Watie. 

2 Mary Fields. * Rufus McWilliams, John Adair Duncan, 
Thomas Fleming and Daniel Pinson. 
OK 3 John McFerran Fields. Elizabeth Smith. 

4 Eliza Fields. John Alexander Watie and Samuel Smith. 

5 Timothy Fields. Eliza Mcintosh, Polly Fields and Elmira 


6 Rachel Fields. 

7 James Fields. ''■' DoUie Eunice Lowrev. 
1il=3"5^2""'l« John Smith. '■' Margaret Hendricks. 

2 Rachel Smith. John Rider. 
OK 3 Charles Smith. * 

4 Elizabeth Smith. John McFerran Fields, Thomas Adkins 

and George Drum. 

5 Samuel Houston Smith. * 

6 Eliza Smith. Davfd Grayson, Jackson Cozens and Francis 

Marion Seabolt. 


^1^233543016 Catherine Fields. Joseph V. Clingan and Edward Pumpkin- 

2 Jennie Fields. * John Downing. 
OK 3 Susannah Fields. Lacey Hawkins. 

4 Lucy Fields. Levi Toney. 

5 Elizabeth Fields. * Joseph Raper. 
1M=3-''5'^5"1" Seven Fields. * Sallie Guess. 

OK 2 Tiana Fields. * 
111=335^6^1" Johnson Vann. Margaret Winters. 

OK 2 Joseph Swimmer. Sallie Sixkiller. 
lM-3-'5^7M« Jennie Fields. Rufus Bell Adair. 

OK 2 Thomas Fields. * 

1M23='5-*8^1'' Eli Smith. * Elizabeth Ashhopper. 

OK 2 Nannie Smith. * 

^11233549516 America Spencer. * 

iM^^^SMO^l" Walter Fields. * 

OK 2 George Fields. * 

lM=336-*l''l* Daniel Fields. Margaret Wilson French nee Fields. 

2 Akv Fields. * 

3 Margaret Fields. ''■' Bearpaw Prince. 

\H-3^6-^2''V' Martha Fields. Samuel Smoker. 

1112336435^6 oilie Fields. * 

1M=3"6^5''I'' Squirrel Fields. Susie Gritts, * and Nannie Bolin. 

OK 2 Nannie Fields. * 

lM^3*6^6^1'' Sarah Fields. Finney Hicks and Johnson Waters. 

H123374J516 James V. Hildebrand. Adelaide Taylor. 

2 Elizabeth Hildebrand. "■' Johnson O'Fields. 

OK 3 Jemima Hildebrand. * Matthew Thompson. 

4 Martha Hildebrand. James Smart. 

5 Ann Eliza Hildebrand. Hugh Miller Howdershell. 
111233743516 Nannie Rhoda Stif^'. * Silas Ross, Henry Shaw and Thomas 


2 Bevelly Bean Hickey. Louise Rolston Kelt. 

OK 3 Henry French Hickey. * 

4 Margaret Elizabeth Hickey. John Calhoun West. 

. 5 Mary Ann Hickey. George Washington Pettit. 

6 Thomas Preston Hickey. Lucinda Gott. 

7 George Hickey. 

II1233743516 Josephine Bigelow. Henry Clay Meigs. 

111233744516 Walter Goss Fields. Ella E. Norris. 

2 Nannie E. Fields. Colonel Johnson Harris. 


4 Thomas Fields. Sarah Sniinions. 

5 Joseph Allen Fields. Valera Marsh Little. 

6 Margaret Penelope Fields. Thomas Fox Woodall. 

William H. Fields. Fannie C. Doctor. 

7 Chauncey Fields. 
111=33745510 Henry French. =■= 

2 Robert Mosby French. Catherine Kell and Janana Thomp- 
OK 3 Thomas Fox French. Helen Alice Kell and Nannie Ratlitl. 

4 Richard Fields French. * 

5 Cabel Vaughn French. ■•' 

6 Joseph Mason French. Sallie Riley and E. May Elliott. 

7 Laura Augusta French. * Lewis Ross. 

8 Jefferson Thompson French. Margaret Elizabeth Pennel. 
lM-3^7^7'1'' Elias Cornelius Boudinot. * Susan Adelaide Foreman. 

2 Richard Fields Boudinot. Mary Catherine Treppard. 
OK 3 Eleanor Margaret Boudinot. John Henry Meigs. 

4 Henry French Boudinot. * Elizabeth Starr. 

5 Francis Josiah Boudinot. Annie Stapler Meigs. 

6 Caroline Mary Boudinot. Archibald Spears. 
lM=3^8^2'*l'^ Nannie Foreman. John T. Foster and Redbird Sixkiller. 

2 Sarah Foreman. Benjamin Foster and Elijah Maylield. 
OK 3 Elias Gourd Foreman. Jennie Alberty and Mary Sanders 

nee Smith. 

4 Catherine Foreman. Aaron Crittenden, George Tiesky, 

Scudders Downing and Nelson Terrapin. 

5 Ellis Foreman. Elizabeth Crittenden and Sarah Kelly nee 

1 1| 233343511; Elizabeth Bible. John Anderson. 
2 John Bible. Mary Jane Brown. 
OK 3 Philip Bible. * 

4 Christopher Bible. * Rebecca Jane Sweeten. 
ri=3=8M'r' Minerva Jane Foreman. William Thornton, Alexander 
Ross and John Childers. 
2 Thomas Leroy Foreman. Sue M. Wolfe. 
OK 3 William Riley Foreman. Susan Caroline Lattamore. 

4 Charles Lafayette Foreman. Susie Sanders and Sarah Ross. 

5 Samuel Adair Foreman. Caroline Rebecca Guilliams, Jen- 

nie Riley, Ellen Martin and Elizabeth Fowler. 

6 Ellis Foreman. Margaret Richardson. 

7 Edward D. Foreman. Salina Brown. 

8 Mary Foreman. William Crowder. 

9 Nelson Foreman. Annie Alberty. 


Scraper, Annie Scraper and Malinda Centers. 

2 Robert Foreman. Amanda Teusdale. 

OK 3 Salina Foreman. Jesse Barnett. 

lM-3-'8^8'^l" Heman Lincoln Foreman. Mary Boots. 

2 Hannah Jane Foreman. Archibald Coody. 

OK 3 Margaret Foreman. * 

4 Susan Foreman. Simeon Turnbull. 

5 Pauline Foreman. '■' 

6 Caroline Foreman. Calvin Beams. 

7 Ruth Foreman. * Samuel Beams. 

8 John Wickliffe Foreman. * 
lM-3^8-'9M« William Shorey Foreman. 

lil=3-^8-'I0M'' Frances Flora Foreman. Samuel Sixkiller. 

2 Bluford West Foreman. Emetine McCoy Robinson. 

OK 3 Eliza Elizabeth Foreman. William Johnston. 

1 M -3-'8M i-'l'' Elizabeth Jones. Alexander Wolf. 

2 Sarah Emetine Stopp. Lemon and Sardine. 
OK 3 Ophelia Catherine Stopp. John Walkingstick. 
lM-3-^8M3''r'' Stephen Foreman. Maude Elizabeth Hunter. 

2 Elizabeth Foreman. Yellowhammer Suake. 
OK 3 Fannie Foreman. Archibald Turtle. 

4 Joseph Anthony Foreman. Rachel Hampton. 

5 Susie F. Foreman. * George Washington Smith. 

6 Thomas Fox Foreman. Ada Vann nee Chandler. 
l'l-3-"'8-*14'''l'' Margaret Proctor. Spencer Shelton. 

2 Charles Proctor. Louisa Townsend and Eliza Pritchett. 
OK 3 Eliza Jane Proctor. William H. Horn. 

4 Susan Proctor. James Taylor. 

5 Nannie Proctor. Jeremiah Springstead, Benjamin Critten- 

den, Jeremiah Horn and Alburton Brown. 

6 Spencer Proctor. * 

7 Mary Proctor. * 

lM-3'9-'Pl" William Penn Adair. Sarah Ann McNair and Sue Mc- 
intosh Drew. 
2 Brice Martin Adair. Sarah McNair. 

OK 3 Walter Thompson Adair. Mary Buffington Adair, Ruth 

Markham and Fannie Gray. 

4 John Ticanooly Adair. Martha Nannie Thompson. 

5 Mary Ellen Adair. Joseph Franklin Thompson. 

6 Benjamin Franklin Adair. Mary Delilah McNair. 

7 Rachel Jane Adair. Milton Howard McCullough. 

8 Cherokee Cornelia Adair. Jesse Bushyhead Mayes. 
11 1=33942.-.,, 1 j^j^^^y ^^j^j^, Thompson. Caleb Starr Bean. 


2 Wirt Thompson. Marjory Hicks. 

OK 3 John Martin Thompson. Louisa McCord. 

4 Susan Thompson. - John Tipton Laclcens. 

5 Martha Thompson. * BL'njamin Wilson. 

6 Ellen Thompson. John W. Wilson. 

7 Isabelle Thompson. Benjamin Wilson and Henry Tucker. 

8 Benjamin Franklin Thompson. Annie Harden and Gippie 


9 Cherokee Thompson. Joseph Hall Alexander. 
|i|233943.v,o poiisha Martin. William Bryant and James Thompson. 

2 Alexander Lombard Martin. Emily McAllister, Rachel Hunt 
Sanders, Caroline Shoop nee Pettit, Margaret Green and 
Saphronia .Ann Quinton. 

OK 3 Richard Lewis Martin. Nannie Ellen Rogers and Flora 

Burnett Cummings nee Rogers. 
4 Annie Charlotte Martin. Napoleon Bonaparte Rogers. 

6 Cicero Holt Martin. =■= 

7 Susie Emory Martin. George Washington Mayes. 

8 Martha Washington Martin. * 

5 Joanna Martin. Frank Consene. 

9 Ruth Ellen Martin. James Franklin Benge. 
10 John Rogers Martin. Tahitha Louisa West. 
1 1 Hernando DeSoto Martin. Jeanette Birdine Lamb. 

12 \'ictoria Rogers Martin. Joseph Robert Rogers. 

13 Jessie Beatrice Martin. John Lee Lamb and George Crit- 


14 Granville Augustus Martin. Lola Mayes. 

15 Willie Penn Adair Martin. Edward Cochran. 
lM-3-'9-»4''l'' Helen Marr Martin. John LaHay, Samuel Sanders, Frederick 

Morley and James S. Phelps. 
lM-3-'9^5"'l'' William M. Martin. Mary Still, Margaret Bolin and Agnes 
OK 2 John Walter Martin. Laura Reasoner and Nannie Brackley 

lM-3"9^6"'r' Martha McNair, Henry Rogers and John Martin Thomps >n. 

OK 2 John Martin McNair. Mary Jane Hale. 

lM-3-''9-'9-'r^ John Lynch. * 

2 Caroline Lynch. James Madison Bell. 
OK 3 Jeter Lynch. * 

4 Joseph Martin Lynch. Susan Frances Raymond nee Fore- 


5 Cicero Leonidas Lynch. Nannie Bell. 

6 William Lynch. * 

7 Braxton Bragg Lynch. * Sarah . 

1M^3'''9^10M'' Andromache Bell. • Harvey Shelton. 

2 Josephine Bell. William Wirt Buffington. 


OK 3 Charlotte Bell. James Washington Ivey. 

4 l.Licien Burr Bell. Sabra Ann Cunningham and Mary Frances 
ji|2j.-!g4| .i5|6 Lucy Jane Adair. John Lowrey McCoy. 

2 Nancy Ellen Adair. Samuel Mitchell Couch. 

OK 3 Franklin Wright. * 

4 Mary Ellen Wiight. Marion Walker Couch. 

5 Joseph A. Richards. Caroline Catherine Kelleams. 
lM-3-'y^l2"'r' Arkansas Cherokee Martin. Hiram Terrell Landrum. 

2 Nannie Martin. Thomas Lewis Rogers and David A. Ware. 

OK 3 Luther Martin. * 

] 1123:194 130 [6 John Martin Bell. Sarah Catherine Harnage. 

2 Foster Bell. * 

OK 3 Cicero Martin Cunningham. Nannie Bell nee Martin and 

Sarah A. McCoy. 

4 Beatrice Alberty. James B. Markham. 

lM-'3-'9-'l5M'' George Bell. * 

2 John Bell. * 

OK 3 Eliza Jane Bell. William Henry Mayes. 

11123.19415516 ;^„,, ^Yiza. Nicholson. * Edward W." Byrd. 

2 Joseph Nicholson. * 

OK 3 Richard Nicholson. * 

Mary Sidney. 

Ill 2 

5 Benjamin Landrum. Martha Madalene Hyde. 

6 Thomas Livingston Landrum. Nannie Rider. 
1-3^10^1 = 1" Jeter Lynch Thompson. Mary Jane Taylor. 

2 William Thompson. * 
OK 3 Johnson Thompson. Eliza Christine Taylor. 

4 John Martin Thompson. Corinne E. Washburn, Martha 

Rogers nee McNair and Mary Jane McNair Hale. 

5 Matthew Thompson. Sallie Turner Denman, Lucy Ann 

Clark and Jemima Hildebrand. 

6 Rachel Caroline Thompson. Thomas Gillispie Allison. 

7 Maria Ann Thompson. Thomas Jefferson Parks. 

8 Mary Eliza Thompson. Thomas Gillispie Allison. 

9 Sabra Elizabeth Thompson. William Vann and Joseph Bal- 

10 Martha Nannie Thompson. John Ticanooly Adair and 
Augustus Van Edmondson. 
1 1 Joseph Franklin Thompson. Marv Ellen Adair, Fannie 
Adair nee Gray and 


lir3MO-»2f'r Nannie England. 

2 Annie England. Livingston Garrett and Thomas Clark. 

Joseph England. '■' 

Mary England. 

Martha England. George Washington Rogers. 

William Lowry England. Rebecca Trott nee Moore. 

Sabra Berilla England. John Lewis Rogers. 

Almira Williams. Samuel McDaniel Taylor. 

Louisa M. Williams. James Ward. 

Rachel Caroline Williams. George DeShields Kinney. 

Joseph Lynch Williams. Louisa J. Stover. 
Cherokee A. Williams. Robert Fletcher Wyly. 

William Wirt Burtington. Josephine Bell and Caroline 
Elizabeth Thompson nee McCord. 

John Ross Burtington. Nannie Bryan. 

Daniel Webster Burtington. * 

Eliza Burtington. Joseph George Washington Vann. 

Mary Jane Burtington. Robert Fletcher Wyly. 

John Lynch. * 

Caroline Lynch. James MadisdU Bell. 

Jeter Lynch. * 

Joseph Martin Lynch. Susan Frances Raymond nee Fore- 
man . 

Cicero Leonidas Lynch. Nannie Bell. 

William Lynch. * 

7 Braxton Bragg Lynch. * Sarah . 

ji 1233 J 0475 J I) James Franklin Thompson. Caroline Elizabeth McCord. 
2 Joseph Lynch Thompson. Frances Kell, Alice Tucker and 
Miranda King nee Young. 







111=381 0^3" 






















OK 3 Sabra Ann Cunningham. Lucien Burr Bell. 

4 Jeter Thompson Cunningham. Keziah Camille Moore. 

1M=3^10-*8M'' John Lynch Adair. Mary Jane Jeffries. 

lM^3^11'*l5r Jennie Davis. William Columbus Patton. 

2 Rachel Davis. George Washington Hill. 

OK 3 Mary Davis. James Orval Hall. 

4 John Davis. Ruth Hall. 

5 Theresa Lane Davis. William Little. 

6 Martin Davis. * 

11 12331 ,43o|G Georgia Ann Davis. Ezekial Jackson Dunagan. 

2 Samuel Tate Davis. Lucinda Pitchlynn nee Starr and Belle 

OK 3 Susannah Davis. * Taylor Connelly. 

4 Daniel Davis. Berilla Davis. 

5 Cicero Davis. Sidney Whisenhunt. 

6 John Davis. Bessie Satterwhite. 


l'F3'M I 









Jennie Saphronia Davis. Clark Barker Garmany. 
Robert Lee Davis. Ruth Pliillips and Hester May Curry. 
Daniel Davis. Mary E. Davis. 

Benjamin Davis. 

Martha A. Perry. 

William Corn. 

Delilah Davis. 

Joseph Davis. 

Hannah Davis. 

Susan Davis. 

Berilla Davis. Daniel Davis and Newton Satterfield. 

Lorenzo Davis. Theodosia Whitmire. 

Miller Davis. Elizabeth Simmons. 

Elias Earl Davis. 

William Davis. Malissa Davis. 

Jennie Davis. Oscar Sites. 

Lorenzo Dow Davis. Malinda Mabry. 

Elizabeth Davis. Herman Johnson Vann. 

John Brown Davis. Lucy Kettle and Jennie Barnhill. 

Jetterson Davis. * Annie Chastain. 



written By MRS. LENA HARXAGE ADA.U. of TahU.„..„,. 
Here's to Tah,e„uah with ^.lirVo'ota UmT''''' 
Her sparkling: springs and tinkling rils 
Her rocky cliffs by fern o'ergro« n 
And her shady nooks by lovers known- 
?S^ maidens fair and cultured dames," 
And gifted sons of illustrious name>; 

Jl^of „^'' .^"^ "''^' ^'""der. fond memory brings 
bweet thoughts of the village that nestles serenl 
So tranqu.l and lovely-an enchanted scene 
\isions of beauty he will long retain ■ 

iu i", '^''«5™^ I'e will visit Tahlequah again 
About her foothills of the Ozarks arise 
Like a gem surrounded by her setting she lies 
Near by flows the Illinois— a crystaT stream 
Brightly the waters o'er its pebbly 'bed' gfea'Si. 
He who loves beauty, along its banks may find 
Picturesque spots to delight the mind 
You should see Tahlequah in tlie month of May 
When nature has donned her brightest array 
When incense, borne by the perfumed breeze 
Blows through the snow-white locust trees 
Around the quaint old capital square 
Floats out upon the warm sweet air- 
When the emerald sward is decked 'with flowers 
And the birds sing in their leafy bowers 
And the voice of the school children on the street 
l-alls upon the air like music sweet 
Here many a family its lineage traces 
Back to old England's proudest races 
For many a noble, to hide his head, 
In Cromwell's time, to America fled 
They sought the Cherokee, wliose open hand 
Welcomed them to this wonderland. 
And in the days when Freedom's strife 
Often endangered the royalist's life. 
Over the mountains of Tennesse, 
The Tory came to the Cherokee; 
For during that period the Indians were loyal 
To the British crown and the family roval 
The names that Cherokee history adorn". 
Were not assumed, but were proudly borne 
By dscendents of these old English sire.s. 
Who safety sought at the Cherokee camp fires 
The name Talequah to this town was given 
By the old Cherokees, w-hen tliey were driven 
From their eastern homes, afar to the west. 
Till they reached this spot, "A haven of rest,'' 
Poor, sorrowing exiles, of their homes bereft. 
Grieving for firesides which they had left. 
God who takes care of those w-liom the strong oppress. 
And pities them in their sore distress. 
Brought it to pass, that the land of the given. 
By treaty as sacred and solemn as Heaven, 
Was better than that of which they had been despoiled, 
Wliere long years they had lived, and loved and toiled 
Little the white brothers knew of this land 
Which they gave to the remnant of this proud band. 
Knew naught of the mineral wealth which hides 
Its bounteous stores in the mountain sides; 
Naught of the verdant fruitful plains. 
Nor the varied resources this country contains. 
Here the Cherokees rested, their long journe^v o'er. 
And this wildwood was given to he theirs evermore. 
Here they made the council-ground. 
And here their Kihegas oft were found 
In solemn assembly and council grave. 
When the laws to govern the nation they gave. 
Here Sequoyah, the Cadmus, his alphabet brought. 
Which with infinite patience and skill he wrought: 
Schools w-ere established to teach the youth. 
And churches, to spread Christianity's truth. 
Soon the wilderness was made to bloom 
As homes w-ere built and dispelled its gloom. 
And the town by the little woodland stream 
Threw its light afar like a diamond's gleam. 
Such was the birth of this historic town. 
Which for her beauty is of wide renown. 
For her fountains that gush from the rough hillside. 
And her halls of learning, the -Vation's i)rldc. 
Like .\thens of old. she is of learning the seat. 
So peaceful and quiet, a sylvan retreat: 
May contentment and happiness fall to th*» lot 
Of all who dwell here in this romantic spot. 





Continuation of Old Families 

1^ Major Downing-. 
ri= George Downing. '^''* 

2 John Downing. Jennie and .\annie. 

3 William Downing. 

4 Nannie Downing, 
ri-r^ James Downing. 

2 Alexander Downing. Oo-go-yo-sti. 

3 John Downing. Leah Lovelady. 

4 Elizabeth Downing. Stephen \\hitmire 
1^2= 13 Ollie Downing. * 

2 Samuel Downing. Susie Dougherty and Elsie Dougherty 

3 David Downmg. Peggy Dougherty. 

4 Isaac Downing. '■' 

5 Peggy Downing. Archibald Tuckwa. 

6 Nellie Downing. * 

7 Moses Downing. Oo-yo-sti or Polly and Lydia. 

8 Elizabeth Downing. Galcatcher. 

9 Celia Downing. * Ezekial McLaughlin. 

10 Jesse Downing. * Chicken. 

1 1 Charlotte Downing. Ellis Beck. 

12 William Downing. Elizabeth Dougherty and Elsie Down- 

13 Cynthia Downing. Joseph Beck. 

14 James Downing. Parris. 

15" Catherine Downing. * Still. 

16 John Downing. Ollie. 

17 Sallie Downing. Tadpole. 
1M=1-" Thomas Pettit. Catherine. 

2 James Crittenden. Nancy Hughes and Ko-ta-Ka-ya. 

3 Jennie Crittenden. Jack Wright. " Al.S 

1M = 1 = 

4 Margaret McSwain. Avery Vann. 

5 Elizabeth McSwain. David Welch. 
1^ George Downing. 

2 Peacheater Downing. 

1M-2"H Lethe Downing. Hiram Bright. 

2 Annie Downing. Pumpkin or Murphy. 

3 Charles Downing. * 

4 Scudders Downing. Polly Bean and Catherine Tiesky neo 


5 John Downing. * 

]i 1=3314 Martha Jane Downing. Jackson Smith and Joshua Morgan. 


lM-4'M-' George Washington Whitmire. Catherine Wottord and 
Elizabeth Faught. 
OK 2 Jonathan Whitmire. Charlotte Downing and Temperance 

r2-2-M* Lewis Downing. Lydia Price, Lucinda Griffin and Mary Eyre. 
2 John Downing. Jennie Fields. 

OK 3 Margaret Downing. 

4 Thompson Downing. 

5 Aaron Downint 

6 Samuel Downing. 

7 Mary Downing. Charles Dougherty and Charles Crittenden. 

8 Henry Downing". Jennie Fodder. 

r2-3'M-* John Downing. Jennie Clingan. 

2 Elizabeth Downing. Richard Turner. 

3 George Downing. Elizabeth Consene, Mary Smith and 

Rosella Downing nee Adair. 

4 Rachel Downing. John Smith. 

5 Sarah Downing. 

6 John Downing. 

7 Lydia Downing. John Canoe. 

8 Judith Downing. George Still. 

9 Thompson Downing. Sallie. 

10 Lucinda Downing. Archibald Canoe. 

1 1 Archibald Downing. Josie Craft and Sallie Butler. 
1^2-'5'M'* Benjamin Tuckwa. * 

2 Catherine Tuckwa. * 

r2=7-'l-' Aaron Downing. Susie Beck and Elizabeth Vann. 

4 Celia Downing. Walkingwolf. 

5 William Downing. * Aelia Vann. 

6 James Downing. Lucinda Woodall and Eliza Parris. 

7 Elizabeth Downing. David Tadpole. 

8 Judith Downing. eGorge Still. 

10 Ambrose Downing. Gatsie Parris and Josephine Welch. 

1 1 John Downing. Rachel Dennis. 

12 Catherine Downing. * George Still. 

2 Cash Downing. * Elizabeth Goodin. 

3 Dicey Downing. William Proctor. 

9 Celia Downing. * 
112=831^ Rebecca Galcatcher. James Muskrat. 
2 James Galcatcher. 


3 Thomas Galcatclur. Peggy and Minnie Vann. 
l'2-irM-» Oran Beck. Louisa Tiger and l.etlia Harris. 

2 Jeffrey Beck. Racliel Muskrat. 
OK 3 Susie Beck. Albert McCjco and Alfred Pigeon. 

4 Samuel Beck. - Susie Sixkiller, Salina Foreman and Fliza- 

beth Dry. 

5 Cynthia Beck. Releford Beck, Henry Mitchell and William 

Taylor Barton. 
112M2-M-* Sallie Downing. Jeffrey Beck. 
2 John Downing. Dennis. 

3 Susie Downing. John Still. 

4 David Downing. Catherine Faught. 

r2-l3"l^ Aaron Headin Beck. Catherine McCreary nee Foreman 

and Josephine Downing, nee Welch. 

2 Arie Beck. Andrew Pettit, Archibald Love and Jonathan 


OK 3 Mary Beck. Frank Pettit. 

4 Releford Beck. * Cynthia Beck. 

5 Weatherford Beck. Sabra Sturdevant. 

6 Joseph Beck. * 

7 Jeft'rey Beck. Mary Ann Harris. 

8 Surry Eaton Beck. Julia Ann Hildebrand. 

9 Susie Beck. John Pinkney Chandler. 
10 Ellis Beck. * 

1 1 Elizabeth Beck. John Riley and John Wilson Howerton. 

1^2-14-M^ Edward Downing. 

2 James Downing. 

3 Locust Downing. 

4 Thomas Downing. 

5 Mink Downing. Nellie Vann. 

6 Dragging Downing. 

7 Dooley. 

8 Sallie Downing. Thomas Hammer. 
r2=l5-M-' Tickaneesky Still. Sallie. 

2 Dorcas Still. Ned Still. 

3 Aelia Still. Jack Still. 

4 George Still. Judith Downing and Catherine Downing. 

5 Jack Still. 

1'2=I6'1-' Nannie Downing. Charles Rogers and Thomas Fields. 

2 Tarcheche Downing. 

3 Caleb Downing. 

1'2-'17''M Nannie Tadpole. Thomas Woodall. 

2 David Tadpole. Elizabeth Downing. 


3 Lucy Still. '" 

IH-IM^ Benjamin Pcttit. Peggy Cunnigan. 

2 Thomas Pettit. Elsie Hughes. 

OK 3 William Pettit. and Maria James. 

4 Washington Pettit. * Mary Blackbird. 

5 Agnes Pettit. Charles Wofford. 

6 Elizabeth Pettit. Robbins and William Post. 

7 Nannie Pettit. James Humphreys. 

r4=2^1^ Wiliam Crittenden. Malinda House and Louisa Cross. 

2 Edward Crittenden. Ghi-goo-ie. 

3 Joseph Crittenden. 

4 Lydia Crittenden. Samuel Quinton. 

5 Lewis Crittenden. Rebecca Shirley and Martha Richardson. 

6 Charles Crittenden. Nannie Downing nee . 

7 Jack Crittenden. Nannie Nugen and Sarah Bolin nee Mc- 


8 Elizabeth Crittenden. Lord Wellington Shirley. 

9 Delilah Crittenden. James McDaniel, Richard Glory, Run- 

about Scraper and William George. 

10 Peggy Crittenden. 

1 1 Polly Crittenden. Archibald Vann. 

12 Aelie Crittenden. Thomas Butler. 

r4=3-'l^ Sallie Wright Moses Alberty. Al6 

2 Lydia Wright. Benjamin Snow and Ellis Buft'ington. 
OK 3 Mary Wright. John Alberty. 

4 Clarissa Wright. Elijah Phillips. A17 

5 William Wright. * 

6 Melvina Wright. Thomas Clyne. 

7 Rebecca Wright. Joel Mayes Bryan. AlS 

8 Eli Wright. Nannie Vann. 

9 Delilah Wright. Reuben Daniel. 

10 Cornelius Wright. Harriette O'Bryan and Elizabeth Buf- 
114=43 1 4 Joseph Vann. Catherine Rowe and Elizabeth Rowe. A 19 
2 David Vann. Jennie Chambers and Martha McNair. A20 
OK 3 Margaret Vann. David Webber. 

4 Andrew M. Vann. Margaret Lasley and Susie Alexander. 


5 Nannie Vann. John Chambers. 

6 Catherine Vann. * John Rogers and William Williams. 
7 Mary Vann. William Lasley. 

8 Keziah Vann. Robert Webber. 

9 Charles Vann. * Eliza West. 
10 Clement Vann. * 

1 1 Sallie Vann. Robert Rogers and William Alexander Mus- 


Elizabeth Vann. George West and David Rowe. 

Eliza Vann. John Martin. 

Clara Vann. ■•■ 

Jennie Vann. * 

Elizabeth Welch. Isaac Ragsdale, Ni.x and Moses Ai- 

George Washington Welch. Margaret Jones. 
Sidney Welch. * 

Charlotte Bright. Joshua Humphrey. 
Delilah Bright. John W. Bannon. 
William Bright. Sallie Morton. 
Samuel Bright. Barsheba Morton. 
Elizabeth Murphy. * 
Charles Murphy. * 

Dennis Murphy. Elizabeth SuUicooie. 
Andrew Murphy. 

Thomas Murphy. Nannie and Nellie Gritts nee Manus. 
James Murphy. Sinia Beck and Martha White. 
Annie Murphy. ■' 

Sallie Murphy. Anderson Gritts and Suiecooya. 
Edward Downing. Jennie and Elizabeth Murphy nee 


2 Celia Downing. Lewis Cording and Edward Still 
OK 3 Rufus Downing. 






M^ I 





H-' ( 






4 1.-, 








8 . 


H-. ] 

4 William Penn Downing. Nannie J. Walkingstick. 

5 Henry Downing. Lydia Ann Walkingstick. 

6 David Downing. Martha Wolf. 
1M=3"1-'I' Amanda Smith. Alexander Woti'ord. 

2 Mary Smith. Thomas Sanders and Ellas Gourd Foreman. 
OK 3 Jackson Smith. * Isabel Love nee Eldridge. 

4 James Morgan. Josephine Clyne. 

5 Mark Morgan. Cynthia Smith and Saphronia Taylor nee 


6 Leean Morgan. * Jeremiah Horn. 

7 George Morgan. * Eliza Muskrat. 

|il243i4i.-i Stephen Whitmire. Elizabeth Horn and Quatie Cornlassel. 

2 Nathaniel Whitmire. * 

3 Charlotte Cornelia Whitmire. John R. Wright. 

4 Charles Faught Whitmire. Palmyra Phillips. 

5 Delilah Whitmire. David Sanders. 

6 John Downing Whitmire. Malderine Still and El.zabeth 

Sanders. , . „ •• 

7 Walter Scott Whitmire. Elizabeth Reese and Ethie Russell. 

8 Eli H. Whitmire. Mary Wright and Moltcke Boquel. 


9 White McClellan Whitmire. Annie Corntassel. 

10 Nannie J. Whitmire. Edward Adair Clyne. 

1 1 Margaret C. Whitmire. Joseph M. Easky, Thomas Grider. 

12 George Getty Whitmire. Lydia Walkingstick. 
ri'4='2-'I"' William Whitmire. * 

2 Walter Samuel Whitmire. Nannie Bushyhead Wilkerson 
and Ella Still. 

OK 3 Charlotte Whitmire. * 

4 George Washington Whitmire. Ida Bailey. 

5 Alexander Whitmire. 

6 Sarah Jane Whitmire. David Lee Bird. 

7 Charles Whitmire. 

8 Jonathan Whitmire. Minnie McTier. 

9 Henry Whitmire. 

l'2-2"l''l^ Samuel Houston Downing. Penelope Wolf. 

3 Jennie Downing. Charles Kiper. 

OK 3 Catherine Downing. Samuel Whirlwind. 

4 Lewis James Downing. * 

5 William Downing. * 
1'2=2-»7M' Agnes Dougherty. Black Haw. 

2 Sukie Dougherty. William Tutt. 

1^2=238M= Nellie Downing. Thomas Lacey. 

^2=331^15 James Downing. Emma Sixkilier nee England. 

2 Margaret Downing. John J. Hicks. 

3 Jinnie Downing. Charles Kiper. 

4 Joseph Downing. Nannie Ridge. 

5 John Downing. 

6 Charlotte Downing. Charles Riper. 

7 Walter Downing. Ada Hicks. 

8 Agnes Downing. * 

9 William Downing. 
ri=332M' Richard Turner. * 

2 Jesse Turner. Susie Smith. 

I 3 Nellie Turner. * 

I 4 Ollie Turner. * 

5 Rachel Turner. Skilly Vann. 

6 Nannie Turner. 

7 Jack Turner. Walleuke Houston. 
l'2=3"3-'l-^ Susie Downing. Jesse McKnight. 

William Downinj 

3 Mary Downing. 

4 Edward Adair Downing. 


5 Elizabeth Downing: 

6 Joel Mayes Downing. 

7 Lafayette Downing. 

1 1323^,44,1 •■; Elizabeth Smith. George Vann. 

l'2-3v'l"' Catherine Canoe. 

2 John Canoe. Lydia Fields nee Backbone. 

3 Archibald Canoe. Elsie Murphy. 
1^2=3«8M-' Edward Downing. 

2 Samuel Downins;'. 

^ Samuel Downing. 

4 Sissie Downing. 

1 '2=3-^9^ I"' Martha Downing. * 

2 Polly Downing. Stephen Osage. 

3 Lucy Downing. 

4 Nannie Downing. 

r2=3-''llM= Polly Downing. Leander Dugger. 

2 Scott Downing. 

3 Brice Downing. 
r2-7'''ni'' Moses Downing. * 

2 Malinda Downing. Richard Wotlord, Walker Carey and 
James Christopher McCoy. 

l'2-7'^3''l'' Sarah Proctor. Edward Foreman. 

2 Elizabeth Proctor. James Kesterson. 

3 Ezekial Proctor. Rebecca Mitchell, Margaret Downing and 

Eliza Chaney nee Welch. 

4 Adam Proctor. * 

5 Archibald Proctor. * 

6 Rachel Proctor. •■■ 

7 Nannie Proctor. ''■' .Abraham Sixkiller. 
1'2=7-M-*1'^ Margaret Walkingwolf. Rider Cloud. 

2 Charlotte Walkingwolf. Tassel. 

3 Elizabeth Walkingwolf. - Tassel. 

4 Eliza Walkingwolf. * John Lowrey. 
3 Elizabeth Wa'lkingwolf. * Tassel. 

6 Nannie Walkingwolf. Earbob and Johnson Riley. 

l'2-7"6-'l"' Lucy Downing. 

2 Joseph Downing. Agnes Hothouse, Nannie Butler and 

Aelie Still. 

3 George Downing. * Eliza Downing. 

4 Mary" Downing. John Still and Frank Charles Corban. 

5 Cynthia Downing. Joseph Vann. 

6 Edwin Downing. Elizabeth Still. 

7 James Downing. * Aelia Vann. 


8 Martha Downing. Bluford Whitmire and George W. 


9 Malachi Downing. Eliza Vann and Sallie Still. 

10 Margaret Downing. George W. Taylor, Richard Critten- 
den and Benjamin Strickland. 

112=737413 Joshua Tadpole. " 

2 Eli Tadpole. * 

3 David Tadpole. Utiyu Vann. 

4 Susie Tadpole. * Oceola Woodall. 

5 John Tadpole. * 
l,2-v3g4|3 ^\ary Still. William Martin. 

2 George Still. Agnes Bolin. 

3 Aaron Still. * 

4 Jesse Still. * 

5 Ezekial Still. Mary E. Langley. 

1 12273 loM'' Margaret Downing. Ezekial Proctor. 

2 Catherine Downing. William Kelt. 

OK 3 Elizabeth Downing. George Welch. 

1^2'7'Ml-'r' Dennis Downing. 

2 Peter Downing. Elsie Hawk. 

OK 3 Timothy Downing. * Mary Henson. 

4 Elizabeth Downing. Henry Canada Williams and Wade 
Hampton Williams. 

1'2-8"1^1-''' Annie Muskrat. Henry Schoonover. 

2 Jennie Muskrat. Alexander Earbob. 

OK 3 Eliza Muskrat. Stephen Morris McDaniel. 

4 Calhoun Muskrat. Mollie Toney, Sallie Girty and Susie 


5 Joseph Muskrat. Agnes Standingman. 

6 Saphronia Muskrat. Thomas Parker. 

7 Noah Muskrat. * 

l'2=8''3-'l^' Charles Galcatcher. Margaret Budder. 

Lee Galcatcher. Susie Henry nee Foreman. 

3 Lucy Galcatcher. Roy Gordon and John McFarland. 

4 Thomas William Galchatcher. Mary Nicodemus. 
1-'2M 1-'1-»1-' Charlotte Beck. Rowe Smith and Riley Scott. 

2 Susie Beck. 
1^2=1 l-'2-'L' Caroline Beck. William Hughes and Isaac Dougherty. 
2 Ani Beck. Joseph Landrum and James Horsefly. 
OK 3 Thomas Beck. Sarah Lacey and Eliza DeShane. 

l'2-l l'"3"'l"' Joanna McGhee. Jeremiah Hanna and John Jones. 

2 Lucy Ann McGhee. William Adolphus Daniel, Jason Stil- 
ley, James Hudson. 
OK 3 Cynthia Ann McGhee. Bluford Sixkiller, George William 
Talbert and James Welch. 


4 Emma Jane McGhee. James Ikichanan Smith. 

5 Webster Halfbreed. 
1122,23,4,5 M-jry Beck. Stephen Hildebrand. 

2 Ezekial Beck. Martha Sturdivant and Marv Ellen Woodall 

OK 3 John Beck. - 

4 Surry Eaton Beck. Mars^aret McCoy-% Susie Ellen Daniel 

5. Sinia Beck. George McLaughlin. 

6 Sabra Ann Beck. George Selvidge and John Collins. 
r2-I2-''3-*r' Lucinda Still. Archilla Sanders and John Martin. 

2 John Still. Elizabeth Walls. 

3 George Still. Mary E. Martin. 

4 Elizabeth Still. Edmond Duwiiing and Green Catcher. 

5 William Still. 

6 Eliza Still. James Barnett. 

7 Sallie Still. William Silco.x, John Andrew Jackson Lucas. 

8 Margaret Still Epp G. Thompson. 

9 Catherine Still. James Kizer. 
10 James Still. Mary Jones. 

H2=12MM-^ Caroline Downing. 

2 William Alexander Downing. Eliza Bright. 

OK 3 George Brewer Downing. Arabella Wagoner. 

1'2-13-MM"' Richard Beck. Ida A. Martin. 

2 John Anthony Beck. Sarah Azilu Carnis. 

OK 3 Susie Beck. John W. Carnis. 

1'2-13"2M"'' Josephine Pettit. Henry Clay Ross. 

Archibald Love. 

OK 3 Joseph Riley. * 

1'2-13"3M'^ Joanna Pettit. Thomas Dedymus Sanders and William 

2 Joseph Beck Pettit. Fannie Marsh. 

OK 3 Robert Armstrong Pettit. Tennesee Hensley. 

4 Amelia Pettit. Lorenzo Spears Lee. 

5 Cynthia Pettit. John Shepherd Thornton * and John Lewis 

" Miller. 

6 Andrew Jackson Pettit. Ophelia Wickett. 
1'2-13''''5M' Joseph Beck. 

2 Jeffrey. 

OK 3 Harlin Bede Beck. 

4 Samuel Beck. 

5 Releford D. Beck. Ida Wilson. 

6 John Butler Beck. 

7 Wetherford Beck. 

8 Eula Beck. Jay Hendron. 

9 Guy Beck. 


l^2-\3^S*\^ John Beck. 

lij^nsgijr, A(ja Chandler. William Heath, William Moore, Luculus 
Vann, Thomas Fox Foreman and Stephen Sears. 
2 John Carson Chandler. Emma Malloy Paden nee Fore- 
OK 3 Samuel Wesley Chandler. 

4 Eliza Chandler. 

5 David Lorain Chandler. 
8 Ella Gray Chandler. 

7 Thomas Henry Chandler. 
1'2=13-M IM' Ida Rilev. John Beck. 

2 Sarah Josephine Howerton. 
OK 3 Weatherford Howton. 

4 Olivia Howerton. 

5 Sabra A. Howerton. 

r2-14-''5|-'l-'^ Rachel Downing. Thomas Potts and Henry Nugen. 

I 2 Caroline Downing. Josiah Vann and Andrew Jackson Rog- 

3 Lucinda Downing. Sarah Neeley. 

4 Elizabeth Downing. Harlan Nakedhead. 
1'2=15-M-'1-' Charles Tickaneesky. Ruth Lee and Susie Easky. 

2 Richard Tickeneesky. Susie Easky. 

OK 3 Elizabeth Tickaneesky. Benjamin Vann. 

4 Moses Tickaneesky. Catawnee and Still nee Walls. 

5 Ellis Tickaneesky. Catherine Bolin. 

6 Benjamin Tickaneesky. Nancy Hogshooter. 

7 Linnie Tickaneesky. Johnson Reed, Aaron CrittendLMi and 


8 RebeccaTickaneesky.John Smith and Bark Nugen. 

9 John Tickaneesky. Margaret Chambers. 
10 Ollie Tickaneesky. * Beanstick. 

1'2-16-'1*1-' Pleasant Rogers. 

2 Eliza Rogers. John Seaholt. 

OK 3 Sarah Elizabeth Fields. James V. Hildebrand. 

4 Rachel Jane Fields. William Stiff and Henry H. Hickey. 

5 Ruth Fields. Jeremiah Bigelow. 

6 Richard F. Fields. Rachel Elizabeth Goss and Minerva Kerr. 

7 Margaret Wilson Fields. Robert Mosby French and Dan- 

iel Fields. 

8 Josiah Foreman Fields. * 

9 Caroline Matilda Rogers Field?. William Penn Boudinot. 
1^2=1 7-'lM= Robert Woodall. Quatie Landrum. 

2 Elizabeth Woodall. '■= 

3 Margaret Woodall. Alexander Sanders, John Scott, Hamp- 

ton Wiliams, Marshal Wagnon and William Brown. 


4 Isaac Woodall. Mary Carselowry nee Daniel. 

5 aJcob Houston Woodall. Annie Woodall nee Daniel. 

6 Lucinda Woodall. James Downing and Thompson Uuzzard. 

7 Abraham Woodall. Susannah Hendricks. 

8 Celia Woodall. Andrew Emory and Joseph Cephas. 

9 Thomas Woodall. Annie Daniel. 
1'2-'17''2M"' Joshua Tadpole. 

2 Eli Tadpole. 

3 David Tadpole. Utiya Vann. 

4 Susie Tadpole. * Osceola Woodall. 

5 John Tadpole. Lucinda 

m-l"lM'' Nannie Pettit. Franklin Faulkner. 

2 Charles Pettit. Charlotte Si.xkiller nee Adair, Sarah Lovett. 

OK 3 Agnes Pettit. Patrick Lyman. 

4 Delilah Pettit. William Lovett and John Griffin. 

5 Thomas Pettit. Nannie E. Sanders, Sarah Swimmer nee 

Lee, Mary F. Walker, Caroline Timson and Nannie 

6 Benjamin Pettit. Mary Ann I'hillips. 
1 142 1314 15 Moses Pettit. ••= 

2 Delilah Pettit. =■= 

OK 3 Sidney Pettit. Blackhaw Pettit 

4 Levi Pettit. * 

5 Nannie Pettit. 

1'4-1-'3M"' William Zion Pettit. Emily Cookson. 

2 Mary Pettit. James C. Fooy, Perry and Frank Bethel. 

3 Catherine Pettit. 

4 Marcus Pettit. * 

5 Pleasant Pettit. * 

6 Charles Pettit. * Elizabeth Krebs. 

7 Samuel Worcester Pettit. Maria Choate. 

8 Andrew Pettit. * 

9 Ellen Pettit. John Hildebrand. 
10 Julia Pettit. John Bean Johnson. 

■1'4M-'5M"' Charlotte Wofford. James McCracken. 

2 Catherine Wofiord. James Daniel. 

OK 3 John Wotlord. Eugenia Carpenter. 

4 Robert Wortord. Jennie Bolen nee Wright. 

r4-l"6^1-^ Joshua Robbins. Nannie Parris and Alzerine Post. 

2 Tatnall Holt Post. Mary Reese and Elizabeth Bell nee Phil- 

OK 3 Mary Arminda Post. Jackson Gladney. 

4 John Marion Post. * 

I'l-IvM"' Sallie Humphrey. Robert Mitchell. 

■y Catherine Humphrey. Bigwood and Charles Pettit. 

OK 3 Joshua Humphrey. Catherine Bright and Rachel Thompson. 


4 Marv Humphrt;}'. Samuel Quinton and James Collins. 

5 Eliza Humphrey. Edward Crittenden. 
m^a^lM^ Sidney Crittenden. Elijah Phillips. 

2 Jennie Crittenden. Amos Richardson. 

OK 3 James Crittenden. Margaret Parris. 

4 Thomas Crittenden. Nannie Woods. 

5 Moses Crittenden. Edith Woods nee Quinton and Margaret 


6 Sarah Crittenden. John Phillips and John Pierce. 

7 George Washington. * 

8 Lydia Crittenden. Joseph Quinton. 

9 William Crittenden. Catherine Boydston. 

10 Edward Crittenden. * 

lM-232-'r^ Andrew Crittenden. 

2 Berry Crittenden. 

1H=233M-^ Richard Crittenden. 

1M-2M-'1' Nellie Quinton. John Johnson and Joel Kelly. 

2 Elizabeth Quinton. Thomas Woods and Moses Crittenden. 

OK 3 Jennie Quinton. Levi Robbins. 

lM-2='5-'I^ Wellington Crittenden. 

2 Israel Crittenden. Sallie Shirley, Clara Crittenden and Pa- 
melia Capps. 

m-2"'7M"' Malinda Crittenden. Brannon. 

2 James Crittenden. Jennie Hanson. 

3 Mary Crittenden. - William J. Sanders, Book Sunday and 

Silas Harlin. 

4 Nannie Crittenden. John Tobacco. 

5 Hettie Crittenden. Lewis Weaver. 

6 Clement Crittenden. Maria Eve. 

7 Delilah Crittenden. Charles Nohlett and Henry N. Cook. 

8 Hugh Crittenden. Amelia Wederbrock. 

9 Thomas Crittenden. * 

Lydia Crittenden. Ellis Harlin. 
Charles Crittenden. 
Jack Crittenden. 

Martha Shirley. John Ryan and Nicholas Byers. 
Catherine McDaniel. John Price. 

2 Adeline Glory. John Brock. 

1 '4=231 0^15 Sarah Glory. Bark Nugen. 

r-'4'2-M IM^ Ephriam Vann. Rebecca Wilson. 

2 Sallie Vann. John Towie and William Pigeon. 

3 William Vann. * 

4 Nellie Vann. William Pumpkin. 

5 Elizabeth Vann. * 


1M-2"12M"' Ezckiiil Hair. Catherine Frenciiliawk and Amanda Kan(.>.ka. 

2 Margaret Butler. Alexander Vann and Charles Tcehee. 
l'4-3-'lM'' Nannie Albcrlw Bluford West and James Markham. 

2 John D. Alberty. Jennie Rogers and Jennie Doroughty n.'e 
OK 3 Levi Alberty. Susie l.ove. 

4 Delilah Alberty. Eli Harlan. 

5 Amelia Alberty. Thomas Lewis Rider. 

6 David Alberty. 

7 William West Alberty. Musidora Rogers and Nannie Bm- 


8 Jacob Alberty. Louisa C. Hudson and Elvira Rachford nee 


9 Bluford West Alberty. Nannie Cunningham nee Martin and 

Eliza Missouri Vann nee Bushyhead. * 
1 1423:12^ 1-5 Martha Snow. William Harnage. 

2 Susan Butlington. Martin Root. 
OK 3 Jennie Buttington. Charles Dougherty, John D. Alberty. 

4 Ellis Buttington. Elizabeth Starr. 

5 Clara Buttington. Ellis West and John Wright Alberty. 

6 Elizabeth Butiington. Moses Alberty. 
l'4-3-'3M'' Moses Alberty. Elizabeth Butiington. 

2 Frances Alberty. Dr. John Thornton and Joshua W. Ellis. 
OK 3 John Wright. Clara West nee Bulling^on and Maria Hilde- 


4 Cornelius Alberty. Elizabeth Tyner and Ruth Ann Thornton. 

5 Elizabeth Alberty. Richard Eaton. 

6 Jesse Clinton Alberty. Catherine Collins and Elmira \'ann 

nee Ward. 
[T4-y'4^[-' John Phillips. Sarah Crittenden. 

2 Jetlerson Phillips. '■- 
lM-3''6-'l'' Catherine Clyne. - Archibald Dellingham, Eli Sanders and 
John Morgan. 
2 John Peter Oliver Clyne. Jennie Adair. 
OK 3 Ezekial Clyne. * 

4 Wiliam R. P. Clyne. * Catherine Daniel nee Wotlord. 

5 Eli Clyne. Hannah Few. 

6 Joel M. Bryan Clyne. * 

7 Thomas Clyne. * 

8 Elizabeth J. Clyne. William Mosley West. 

9 Cornelius Clyne. 

10 Eliza Clyne. George W. Alberty. 
m=3-vM' John Copeland Bryan. * 

2 Charlotte Elmira Bryan. John Harvey Baugh. 
OK 3 Nancy Jane Bryan. John Ross ButTington. 

4 Maria Louisa Bryan. Riley Wise Lindsey. 


5 Flora Elvina Bryan. Joseph H. Bennett. 

6 Rebecca Caroline Bryan. Clement Hayden. 

7 Joelia Bryan. Columbus Fair Walker. 

8 Joel Mayes Bryan. Lydia Ida Dougherty and Margaret 

Jane Ross. 

1M-3"8M''^ John R. Wright. Charlotte Whitmire. 

2 Jennie Wright. Lewis Bolin and Robert Wofford. 

OK 3 Sallie Eliza'beth Wright. Walter Adair West. 

4 Cornelius Wright. * 

5 Jesse Wright. Frances Wright and Sarah Finia Choate. 

6 Anna Eliza Wright. John Gunter Harlin. 

7 Alexander Wright. * Mary Lunnie Duncan. 

8 Mary Wright. Eli H. Whitmire. 
m-3-'9^1-' Sallie Daniel. * John Shepherd. 

2 James W. Daniel. Catherine Wol^ord. 

OK 3 Caroline Daniel. Smith Thornton. 

4 Carter Daniel. Catherine Benge. 

5 Elizabeth Jane Daniel. Charles Sanders. 

6 William Daniel. Catherine Brown. 

7 Nannie Catherine Daniel. Anderson Springston Wilson and 

Henry Clay Barnes. 

8 Eliza Daniel. * 

m-3-M0^l5 Martha J. Wright. James W. Alberty. 

2 Nannie Wright. * 

OK 3 Caleb Powell Wright. Ruth Ann Collins. 

4 Thomas Bolin Wright. 

5 . Frances Wright. Jesse Wright. 

6 Oscar Wright. Nancv Ellen Bovdston. 

7 Ellis Buffington Wright. Elizabeth Dougherty. 

8 William Walter Wright. 
IMM^IM" Mary Frances Vann. Edwin Archer. 

2 Clarinda Rebecca Vann. John Summers. 

OK 3 David Rowe Vann. =•■ Eliza Missouri Bushyhead. 

4 Louisa Jane Vann. Dr. Felix Hurd McNair. 

5 Jennie Chinosa Vann. Eli West Dougherty. 

6 Kiamitia Elizabeth Vann. * Jackson Walker Drake. 
li4-4-'2M^ Susan Vann. Oliver Perry Ross. 

2 Juliette Lewis Vann. * Devereux Jarrette Bell and Samuel 
McDaniel Taylor. 

OK 3 Clement Neeley Vann. Isadora V. Mackey. 

4 Nicholas Byers Vann. * 

5 David LucuUus Vann. * 

6 Mary Delilah Vann. George Washington Drew and Joel 


Bryan Mayes. * 

7 Charles Avoy Vann. * 

8 Joseph Lewis Vann. Caroline Elizabeth Sixkiller. 

9 Martha Elizabeth Vann. Samuel Houston Mayes. 
\'^4-4"'3*l'' Jonathan Webber. Nannie Wotl'ord. 
1142404-!^= Cynthia Vann. Leroy Starr. 

2 William \ann. Louvenia Coster. 
1'4-4"5M-' Martha Chambers. John Martin. 

2 Calvin Chambers. Margaret Bryan. 
OK 3 Catherine Chambers. John I.owrey McCoy and Henry 

Clay Barnes. 
4 Sarah Chambers. Paul Chouteau and Lewis Ross Kell. 
lH-4"'7-'l "'George Washington Lashey. Sarah Walker and Sarah Harlan. 
2 Joseph Vann Lasley. Elizabeth Davis and Nannie Perlonv 
Keys nee Harlan. 
OK 3 Samuel Lasley. '■= 

tHM^S-*!-' Elsie Webber. Andrew Jackson GrilTin. 

2 Aky Webber. "'Thomas Foreman, Robin Ratliff and James 
OK 3 Margaret Webber. Scott Tyler Cavillier and Edward 


4 Clement Vann Webber. * 

5 Eliza Webber. Richard Fields Riley and William M. Hughes. 
lH-4^11^1'' Margaret Lavinia Rogers. Allison Woodville Timberlake. 

2 Clement Vann Rogers. Mary A. Scrimsher and Mary Bible. 

OK 3 Francis Marion Musgrove. Clara Elizabeth Alberty. 

4 William Due Musgrove. Cynthia Rogers. 

l'4-'4-'12M"' Napoleon Bonaparte Rowe. Lethe Campbell. 

2 Clarinda Vann Rowe. Daniel Webster \'ann. 

OK 3 David LucuUus Rowe. Eliza Scraper. 

4 Margaret L. Rowe. * 

5 Joseph Vann Rowe. 

1142431 341.-; Arkansas Cherokee Martin. Hiram Terrell Landrum. 

114253,4,.-. Nannie Bufiington. William West Alberty, James Blake and 
William Lavesgue Wilder. 

2 David Welch Ragsdale. Mary Jane Alberty and Ruth 
Raper nee Palone. 
OK ^ Winnie Jane Ragsdale. Daniel P. Boone. 

4 Eli Snow Alberty. 

5 George Washington Alberty. Eliza Clyne and —Harmon nee 
1 1425324,.-, David Welch. Harriette Elizabeth Smithwick. 

2 Lemuel Bruenton Welch. Mary Ann Harris. 

OK 3 Sidney Welch. Prince Albert Games* and John Wilkey. 

4 Diana Welch. Joseph Henry Carnes. 


5 Margaret Ann Welch. William Green Ward. 
George Welch. Nannie Jones. 
7 Rosanna Welch. William McCoy. 
Descendants of the Ghi-ga-u, commonly called Nancy Ward. 

1^ Ghi-ga-u. Kingfisher and Bryan Ward. A2 2 

i^2- Catherine. Samuel Candy, John Walker, Ellis Harlan. Al'i 
2 Fivekiller. * Catherine. 

OK 3 Elizabeth Ward. Joseph Martin and Hughes. 

I'ri-- Samuel Candy. Elizabeth West. 

2 John Walker. Elizabeth Sevier nee Lowrey. 
OK 3 Jennie Walker. Charles Fo.x, Taylor and John Mc- 

intosh. A53 

4 Nannie Harlan. Caleb Starr. 

5 SaUie Harlan. Jacob West. 

6 Ruth Harlan. Joseph Phillips. 

7 Elizabeth Harlan. Peter Hildebrand. A25 

8 George Harlan. Nannie Sanders, Annie May,* Eliza Riley. =" 

9 Ezekial Harlan. Hannah Lewis. 
10 Susannah Harlan. Otterlifter. 

1^-1'' James Martin. '■'' 

2 Nannie Martin. Michael Hildebrand. 

OK 3 Rachel Hughes. Charles Rogers. 

iM-T'l^ Ollie Candy. Hair Conrad. 

2 Thomas Candy. Susan Graves, Catherine Gentry nee Drew. 

OK 3 George Washington Candy. Elizabeth Hughes Bell and 

Elizabeth Webber nee Watie. 

4 Samuel Candy. "' 

5 Nannie Candy. John Harlin and Henry Cobb. 

6 John Walker Candy. Mary Watie and Electa W. Adams. 
l'l-2-'l-' John Walker. Emily Meigs and Nannie Bushyhead. 

OK 2 Carter Walker. Sallie Brewer. 

1M=3'*1-* Richard Taylor. Ellen McDaniel and Susie Fields. 

2 Fox Taylor. Mary Vann and Lucy Otterlifter. 

OK 3 Susan Taylor. Samuel Parks. 

4 Nellie Mcintosh. James McDaniel. 

lM-4-M^ Mary Pauline Starr. Austin Rider and James Woods.* 

2 James Starr. Nelie Maugh and Susie Maugh. 

OK 3 Thomas Starr. Nannie Wolf. 

4 Ruth Starr. John Bean. 

5 Ezekial Starr. Mary Upshaw. 

6 Sallie Starr. Jesse Mayfield. 


7 George Harlan Starr. Nellie Carr, Nannie Hell and M-.rv 

Taylor nee Blackburn.* 

8 Joseph McMinn Starr. Delilah Adair. 

9 Rachel Starr. - Samuel Lattaniore. 

10 Nannie Starr. - Samuel Lattaniore. 

11 Deborah Starr. Richard Newland, William Harvev Sloan 

12 Elhs Starr. - Delilah Johnson. 
1M^'5"1^ John West. Ruth Fields. 

2 Bluford West. * Nannie Alberty. 

3 Eliza West. Leroy Markham. ' 

4 Rosa West. Nelson Rogers. 

5 Ellis West. Clara Bulliiigton. 

6 George West. '■■' Elizabeth \'ann. 

7 Ezekial West. * 

iM-esi-" Sallie Phillips. Robert Beatty. 

2 Lucinda Phillips. Looney Price. 

OK 3 Ruth Phillips. * Ale.\ander Foreman. 

4 John Philips. * 

5 Joseph Phillips. 

6 Ellis Fox Phillips. •■= Mary Foreman. 

7 Elizabeth Phillips. Edmond Bean,- William Thornton, 

David Bell-' and Tatnall Holt Post.* 

8 Martha Phillips. * 

iMv-'l-* Barbara Hildebrand. Hiram Linder. 

2 James V. Hildebrand. Sarah Elizabeth Fields. 

OK 3 Jennie Hildebrand. John Williams. 

4 Catherine Hildebrand. Levi Bailey. 

5 John Walker Hildebrand. Eliza Jane White. 

6 Ellis Harlan Hildebrand. Sallie Stover and Josephine . 

7 Lewis W. Hildebrand. Lucy RatlitT. 

8 Isaac Newton Hildebrand. Jennie Ratlill. 

9 Mary Elizabeth Hildebrand. Daniel Jones Frazier. 

10 Minerva Hildebrand. Charles Ratliff, Anderson Reynolds. 

iM-S-M-i Eli Harlan. Delilah Alberty. 

2 Ellis Sanders Harlan. Nannie Barnett. 

OK 3 Sallie Harlan. Jacob Harnage. 

4 Elmira Harlan. Joshua Roach. 

11 12931-1 David M. Harlan. Lucinda Tucker, Rebecca Welch nee 
Vannoy and Julia Ann Lane nee Tucker. 

2 Eliza Harlan. Samuel Craig. 

OK 3 Susan Jane Harlan. James Perry. 

I'l-io^l^ Nannie Otterlifter. Haynes and David Miller. 

2 Alexander Otterlifter. Elsie Sleepingrabbit. 

OK 3 Jew Otterlifter. 

4 Lucy Otterlifter. Fox Taylor. 

5 Diana Otterlifter. Samuel Ballard. 


6 Nellie Otterliftei. - Samuel Ballard. 

7 Rachel Otterlifter. * Anderson Springston. 

8 Elsie Otterlifter. Charles Hoskins, and Daniel Newton Mc- 


'l'3-2-'l-' Elizabeth Hildebrand. James Pettit and Robert Armstrong. 

2 John Hildebrand. Nicey Russell and Annie Wasp. 

OK 3 Jennie Hildebrand. Joseph Cookson. 

4 Margaret Hildebrand. John Catron. 

5 Delilah Hildebrand. Jesse McLain. 

6 Eliza Hildebrand. Joshua Kirkpatrick. 

7 Stehen Hildebrand. Mary Potts and Mary Beck. 

8 Rachel Hildebrand. Reese T. Mitchell. 

9 Nannie Hildebrand. Thomas Horn, George Lovett, Freder- 

ick Lovett, Charles Poe and Hoskins. 

10 Joseph Martin Hildebrand. Lucy Starr, Louvenia Patter- 
son, Elizabeth Gentry, Mary King, Martha Wofl'ord and 
Mary E. Coyne. 
1 1 Brice Hildebrand. Mary Sturdivant nee Beck and Mary 

12 Mary Hildebrand. Isaac Maytield. 
1^3-3^1^ Levi Rogers. Margaret Fields. 
2 Richard Rogers. * Eliza Lacey. 
OK 3 Joseph Rogers. '■■ 

4 Charles Rogers. Maria Colston. 

5 John Rogers. * 

6 Elizabeth Rogers. George Whitney Brand. 

7 Alzira Rogers. Lewis Fields. 

8 Catherine Rogers. '■■' William Elders. 
IM-I^IM' Elizabeth Hair. Daniel Hopkins. 

2 Susie Hair. Charles Gourd. 
OK 3 Jefferson Hair. Chicooie O'Fields, Eliza Ramsey nee 

Tyner and Mary Tyner nee Sanders. 

4 Diana Hair. Wade Hampton Robinson. 

5 John Hair. Lucy Robinson, Annie Sanders, Mary Butler 

and Lucy Justice. 

6 Nannie Hair. * 

7 Mary Hair. John Ramsey. 
1MMS2^1"^ Jackson Candy. 

2 Henry Candy. * Nellie Goings. 

OK 3 Reese Candy. Ruth Riley, Jennie Downing* and 

4 Thomas Candy. * 

5 Elizabeth Candy. David Ballew and Ned Grease. 

6 Samuel Candy. Mary Hayden. 

7 John Candy. Mary Starr and Eliza Fields 
1MM«3^13 John Candy. * 
2 Maria Candy. * 


Worcester Candy. '■■' 

Charlotte Candy. William Fields. 

Martha Candy. * Joel Bryan Mayes. 

Juliette Melvina Candy. John Gunter Scrimsher. 

Ruth Harlin. Robert Turnbull. 

James Harlin. 

Candy Harlin. * 

John T. Harlin. 

Aenaes Harlin. * 

Robert Harlin. * 

Elizabeth Harlin. Joseph T. Medley and William En,i,'lnnd. 

Salina Harlin. * Beckham. 

Mary Harlin. '^ James Giddin,s;s. 

Samuel Harlin. * 

Harriette Candy. Hugh Montgomery McPherson. 

Susan Candy. * Henry Lee Hill. 

Elizabeth Candy. * Hindman Booth Hoyt. 

Timothy Meigs Walker. Elizabeth Adair. 
2 Elizabeth Grace Walker. James Coleman and Pryor Smith. 
OK 3 Minerva Jane Walker. James Armstrong Lee and Lorenzo 

4 John Osborn Walker. Lucrelia Taylor and Georgianna 
Wilkins. * 







1M = 1 








6 Ebenezer Walker. Sarah Lasley nee Harlan. 

5 Sarah E. Walker. George Washington Lashey. 
l'l-2'2-'l"' Eliza Walker. * John Adair and James Rogers. 

2 John Walker. * 
OK 3 Jennie Walker. William Boot. 

4 George Washington. Elsie 13owning, Rachel Rogers and 

Mary Jane Davis nee Harlow. 

5 Joseph Walker. * 

6 Elizabeth Walker. * Joseph Smith. 

7 Susie Walker. * John P. Stidham and Henry Sanders. 

8 Amanda Walker. James Martin. 

9 William Walker. * 

1^1=33 IM'' Thomas Fox Taylor. Nannie Buttington and Mary Black- 
burn. * 
2 Elizabeth Taylor. John Brewer. 

OK 3 Samuel McDaniel Taylor. Almira Williams, Martha Fields 

and Juliette Lewis Bell nee Vann. 

4 Annie Taylor. Robert Burtington Daniel. 

5 Mary Jane Taylor. Dr. Jeter Lynch Thompson. 

6 Eliza Christine Taylor. Johnson Thompson. 

7 Frances Harvey Taylor. James Leonidas Butler. 

8 Lucinda Taylor. John Osborn Walker. 


iH-S'lH'- James Taylor. Sallie Reese. 

2 Richard Taylor. * 

OK 3 Jennie Taylor. Thomas Jefferson Pack. 

4 Nannie Taylor. Levi Timberlake. 

5 Susie Taylor. * Charles Thompson. 

6 William Taylor. Elizabeth Grimmett and Margaret Halfbreed. 

7 Margaret Taylor. * 

8 Nellie Taylor. * 

9 Charles Taylor. * 

10 Nannie Taylor. John Martin and John White. 

|ij23334|.-, j^yii-, Parks. Dickson Price. 

2 Almira Parks. * James Price. 

OK 3 Jennie Parks. *John Langley and Joseph Collier. 

4 George Washington Parks. Louisa Spriggs. 

5 Thomas Jefferson Parks. Mary Ann Thompson. 

6 Richard Taylor Parks. Sarah Elizabeth Day and Sarah 

Elizabeth Grigsby. 

7 Calvin Parks. Almira Wilson and Arie Hildebrand. 

8 William Parks. * 

9 Mary Ann Parks. William Conway Day. 

10 Robert Calhoun Parks. Clara Rider. 

1 1 John Ross Parks. * 

12 Samuel Parks. * Sarah G. Taylor. 
V\-3H*V' John McDaniel. =•■ 

2 Catherine McDaniel. Lewis Keys. 

OK 3 Margaret Ann McDaniel. Bluford West Starr and William 


4 Samuel McDaniel. * 

IM-MM-'P Thomas Lewis Rider. Amelia Alberty. 

2 Nannie Rider. David Thompson. 

OK 3 Elizabeth Rider. John M. Smith. 

4 Caleb Starr Rider. Elsie Price. 

5 John Rider. Rachel Smith. 

6 Ezekial Rider. * 

7 Bluford West Rider. * 

8 William Rider. * 

9 Ellis Rider. * 

10 Charles Austin Augustus Rider. Mary Ann Bigby and Sarah 

Jane Forrest nee Nix. 

1 1 Laura Narcissa Rider. King Fulsom, Byron Boynton and 

Charles Pritchard. 

I^r'4-'2^15 Joseph Starr. Nannie Reese and Rachel Guess. 

OK 3 Fields Starr. Mary Reese. 

4 Washington Starr. Mary Ann McCoy. 

8 Samuel Starr. * Laura Davis. ' 

10 Mary Starr. Andrew Digiesky. 


1 1 Leroy Starr. '■■' 

12 Rachel Starr. John Walker Starr. 

14 Jennie Starr. John Francis Marlon Christie. 

16 Caleb Starr. * 

1 8 Lucy Starr. George Washington Adair and William Russell. 

19 Sallie Starr. Ephriam Martin Adair. 

2 Thomas Starr. Catherine Reese. 

5 Bean Starr. * 

6 James Starr. Araminta Rider nee McCoy, Akie Nelowie 

and Elmira Starr nee Fields. 

7 William Starr. Nannie McPherson. 
9 Ellis Starr. * Catherine Justice. 

13 John Starr. * 

15 Ezekial Starr. * Amanda Terrell, Caroline Smith and Eliza- 
beth Lee nee Smith. 

17 Pauline Starr. Charles Bushyhead,* Richard Drew and 
Samuel Campbell. 

20 Nannie Starr. Buck Girty and Jug Davis. 

m 24334 J.-, James Starr. Lettie Boyd Chambers. 

2 Ellis Harlan. 

OK 3 Richard Taylor Starr. * 

4 Nancy Jane Starr. Joseph Chambers. 

5 Bluford West Starr. Margaret Ann McDaniel. 
^11243441.-, Margaret Bean. John Gott. 

2 Elizabeth Bean. Risden Johnson. 

OK 3 Caleb Starr Bean. Mary Ann Thompson. 

4 Nannie Bean. 

5 Mary Bean. Edward Johnson. 

6 Rachel Alzira Bean. Josiah Matthis*. 

7 Joseph McMinn Bean. Sarah Finley. 

8 Susie Deborah Bean. James Warren Adair. 

9 Sarah Emily Bean. Benjamin Franklin Goss. 

10 Lucinda Bean. John Harrison Paden. 

1 1 John Ellis Bean. Henrietta Danenburg. 

12 Mark Bean. Victoria Texas Wright. 
lilH^SM'^ Ruth Starr. John Griffith Harnage. 

2 Caleb Starr. Lucinda GritTin. 

OK 3 Elizabeth Starr. Ellis Burtington. 

4 Leroy Starr. Cynthia Vann. 

5 Sarah Starr. John Wilson Maylield. 

6 Nannie Starr. * John Ragsdale. 

7 Ellis Starr. Susie Dougherty. 

8 John Walker Starr. Rachel Starr and Elmira Fields. 

9 James Starr. Sarah Byers, Emma Jane Evans nee Rider. 


10 Ezekial Starr. Nannie Catherine Harkins nee Seabolt. 

1 1 Mary Jane Starr. * James Johnson. 

]i 1243541.-, i\iannie Mayfield. George Harnage. 

2 Penelope Maytield. John Thompson Adair. 

OK 3 John Wilson Maytield. Sarah Starr and Mary Ann Stovall.* 

4 Emily Walker Mayfield. John Grifl'ith Harnage. 

5 Carter Walker Mayfield. Jennie Blackburn. 

6 Elvira Mayfield. Newton Howell and William Henry Barker. 

7 S'abina Mayfield. Dr. George Wyche. 

8 Victoria Hulda Mayfield. Thomas Henry Still and Robert 


IMM-'Z^I"' Jennie Starr. George Howard. 

2 John Walker Starr. * 
OK 3 Mary Frances Starr. Lucien Burr Bell. 

4 George Colbert Starr. * 

5 Ezekial Eugene Starr. Margaret Starr. 

6 Joseph Jarrette Starr. * 

7 Caleb Ellis Starr. Malderine Elizabeth Adair and Jennie 

Butler nee. 

8 Samuel Jesse Starr. Sarah Ruth McClure. 

1MM''8M-' Nancy Ann Starr. William Wirt Duncan and Young Charles 
Gordon Duncan. 
2 George Harlan Starr. * 
OK 3 Martha Jane Starr. George Washington Crittenden. 

4 Joseph McMinn Starr. Sarah Crittenden and Susie Shell. 

5 Walter Adair Starr. Ruth Ann Alberty nee Thornton, Ella 

Elizabeth Christie and Saphronia F. Barrett nee Crutch- 

6 Sallie Elizabeth Starr. Frank Howard. 

7 Edward Bruce Starr. Rachel Pauline Henry. 

9 Caleb Wilson Starr, 
p 1243 11 4,5 James Newland. 

2 Nannie Newland. Nathan Merrell. 

OK 3 William Henry Sloan. Nannie Lane and Martha Jones. 

4 Samuel Harker Sloan. 

5 Edward Estel Sloan. Naomi Ann Cole. 

6 John Willis Sloan. 

iM^S^i-T"^ William Mosley West. Elizabeth J. Clyne. 

2 George R. West. * 

OK 3 Martha S. West. * Jackson Cozens. 

4 John Calhoun West. .Margaret Elizabeth Hickev. 

5 Kiamitia West. Allen Gilbert. 

6 James Polk West. Missouri Barnett. 

7 Ruth E. West. Richard Brewer and William Walter Finlev. 

8 Franklin Pierce West. Nannie Ellis Allen nee Brewer. 



1M-5'3M'' Jacob West Markham. Charlotte Belle West. 

2 Carter Daniel Markham. Mary F. Hufakcr and Eli.'ia 
Matthews nee Adair. 

OK 3 James B. Markham. Beatrice Alberty. 

4 John West Markham. Martha C. Riley, Sallie Jane Danii-j. 

5 Ruth A. Markham. Dr. Walter Thompson Adair. 
IM-5'M^F' Lewis Rogers. Josephine Landrum, Helen Ross and. 

I 2 Sarah Rogers. David Vaught, William Wilkerson, Alherl 

I Campbell and J. J. Griggs. 

I 3 Louisa Rogers. Virgil Rogers and .Alexander McDaniel. 

lM-5-'5M"' Charlotte Belle West. Jacob West Markham and William 

Lavesque Wilder. 

lil-6->lM'' William Crawford Beatty. Emeline Harris. 

lM-'6-'2M"' Joseph Price. 





Ruth Ann Alberty. Cornelius Alberty and Waller -larr. 
Nancy Eveline binder. George Elders, William (ireen and 

Daniel Ross Hicks. 
Malderine Elizabeth binder. George Washingt<in Adair. 
Emory Ogden binder. Martha Ann Vann. 
John Ross binder. Eliza Keziah Fennel. 
Ann Eliza binder *Pickens M. Benge. William H. Hendricks 
Cinderella binder. * Robert McDanieb 
Julius Caesar binder. " Emma Hildebrand. 
James V. Hildebrand. Adelaide Taylor. 
Elizabeth Hildebrand. * Johnson O'Fields. 
Jamima Hildebrand. * Matthew Thompson. 
Martha Hildebrand. James Smart. 
Ann Eliza Hildebrand. Hugh Miller Howdershelb 


m-7^3H° James Franklin Williams. Mary Jane England. 

2 Paralee Williams. John F. Thomas. 

OK 3 Johnanna Williams. Jesse Adam Thomas. 

111=7344,5 Jennie Bailey. Jackson. 

2 Savilla Bailey. Yellowhird. 

OK 3 Elan Bailey. Johnson O'Fields. 

4 Mary Bailey. * 

5 Louisa Cunnigan. John Charley and George Frederick 
1M'7"5M-^ Mary White Hildebrand. Joshua Columbus Hannah. 
2 Amelia Eglantine Hildebrand. 

Eliza Jane Hildebrand. * 

Emily Cherokee Hildebrand. James Layton Webb. 

Lawrence William Hildebrand. Eglentine Orr. 

John Walker Hildebrand. * 

Ellis Hildebrand. ' 

Annie Hildebrand. William Sweetwater. 

Ermina Hildebrand. Talbert. 










OK 3 James H. Hildebrand. Ida Youngbird nee Tunooie. 


Albert Hildebrand. * 


Charles Hildebrand. * 

]i, =7334,0 

John F. Hildebrand. * 

Sarah Jane Hildebrand. * 

OK 3 

Emma Hildebrand. * Julius Caesar Linder 


Newton Hildebrand. * 


Lewis W. Hildebrand. * 


Ida Jane Hildebrand. * 


Peter Hildebrand. * 


Serena Frazier. * Alfred Pigeon. 


Rebecca Frazier. * 

OK 3 

Frances E. Frazier. =•' 


Ebenezer Frazier. * 

5 Daniel Jones Frazier. Elizabeth Hood. 

6 John Frazier. Elizabeth Crapoe nee Boggs. 
,11=7:1,04,5 Lucy Ratliff. John Nixon Davis. 

John Reynolds. Sallie Pennel. 

OK 3 Henry Bowers. * 

l'P8"fl-' George Harlan. Mary McCoy. 

2 Sarah Harlan. George Washington Lasley, Ebenezer Walk- 
er and Joseph Tackett. 
OK 3 Mitchell Harlan. Letitia Victoria Keys. 


4 Ezekial Harlan. Rachel Sands. 

5 Nancy Perlony Harlan. Riley J. Keys, Jos.'pji \ann l.asley 

and Joseph Robins. 

6 Jennie Harlan. Charles Coody Rogers and Granville 'lorbet!. 
rr8-'2M"^ James Ellis Harlan. Margaret Reed and Nancy Ann Gibson 


2 Sallie Matilla Harlan. John Poole, George Lane, Lewis 
Ross Kell, James Chastine Blythe and Charles Chandler. 

OK 3 Mary Josephine Harlan. Mitchell Sanders. 

4 John Brown Harlan. Mary Ann McGhee. 

5 Ruth Jane Harlan. William Writtenberry and Joseph Henry 


6 Timothy Dwight Harlan. * 

7 Emily D. Harlan. George Finley. 
iM^S^i^l' George Harlan Harnage. * 

1M=8"4-'15 Emily Roach. Edward Walls and Aaron Crittenden. 

2 William Roach. Nannie Lowrey and Eliza Lowrev. 

OK 3 Nannie Roach. Lafayette Catron and John Horn. 

4 James Roach. * 

5 Mary Roach. * 

6 George Roach. Nannie Prilchett and Sarah Triplelt. 

7 John Roach. Nellie Grant. 

8 Sarah Roach. Looney Townsend and William Sullivan. 

9 Joshua Roach. * 

l'l-9-M-'l' Jennie Harlan. Garrett Lane and John Blythe. 

2 John Harlan. * 

OK 3 Napoleon Harlan. Sarah Evaline Blythe. 

4 Lucinda Harlan. Thomas Archer and Albert Willard. 

5 David Lewis Harlan. Harriette Shoe and Nessie Ann Hardin. 

6 Albert Weir Harlan. Sarah Ballard and Matilda Kirby. 

7 Lafayette Harlan. Margaret Davis. 

8 Murion Harlan. Belle Cue. 

9 George Washington Harlan. Sarah Jane Cecil. 

10 Eliza Harlan. Thomas Cannon and Henry li. m 

I 1 Andrew Oliver Harlan. Cora Pearl Richards. 

1il-9"2M= John Craig. Mary Underwood. 

2 Adeline Craig. Henry Clay McDonald and James Bivin> 

OK 3 Penelope Craig. Logan Henderson Duncan. 

4 William Craig. * 

5 Granville Craig. Jennie Means. 

6 Louisa Jane Craig. Huff D. Coats. 

7 Frank Wallace Craig. Catherine Tetrick. 
11 129334,. ■; Rodolph Leslie Perry. * 

2 Hannah Almeda Perry. William B. James. 

OK 3 Oliver Valdi Perrv. Stacy Eliza Burson. 


4 Silas Aepccides Perry. Jennie Albright and Fannie D. Fox 

nee Cole. 

5 Florence Caroline Perry. Leander Bell Smith. 

6 Texanna Cherokee Perry. * Samuel M. Ramsey. 

7 Ezekial Harlan Perry. Susan Melvina Harvey nee Morrow. 

8 Nathan Murion Perry. Fannie Sellers. 

9 Sion Marcellus Perry. Lydia Augusta Lumpkin, 
l^rio-'l-'l' Ezekial Miller. Minerva Cherokee Ward. 

OK 2 Andrew Miller. * 

lirio-^2^1» Nannie Otterlifter. George Washington Ross. 

2 Elizabeth Otterlifter. 

OK 3 Washburn Otterlifter. 

1 M -' 1 0'M^ r' Margaret Taylor. * 

2 Nellie Taylor. * 

OK 3 Charles Taylor. * 

4 Nannie Taylor. John Martin and John White. 

1'1-'10"5^1'^ Mary McDaniel. * George Drumgoole. 

2 Archibald Ballard. Annie Fields. 

OK 3 John Ballard. Susie Arthur. 

4 Jennie Ballard. Charles Lowrey. 

5 Susie Ballard. William Penn Henderson and Hiram Storm. 
'iM-lo-S-'r' Annie Hoskins. Daniel Landrum. 

2 Julia Hoskins. James McGhee. 

3 Orsinoe Mcintosh. * Jackson Smith. 
i^y-2'-^\H^ Andrew Pettit. Arie Beck. 

2 Minerva Pettit. John Anderson, Lewis Hicks, John Jour- 
ney, Israel J. Ward, Jesse Russell and Alfred Clark Ray- 
OK 3 William Pettit. Margaret Anne Starr nee McDanieV" Nannie 

Tyner and Emma Johnson. 

4 Frank Pettit. Nellie Smith and Mary Beck. 

5 Amelia Ward. William Percival and William Livingston 
l'3=2-"2-'l" Stephen Hildebrand. Mary Beck, Amanda Hildebrand nee 
Hair and Jennie Mesenheimer. 

Margaret Hildebrand. 

OK 3 Michael Hildebrand. Sarah Hooks. 

4 Chiouke Hildebrand. * 
1'3-2-'3-'L' John Hildebrand Cookson. Elizabeth Adair, Nellie Lyman 
and Matilda Lawly. 

2 Emily Cookson. William Zion Pettit. 
OK 3 Elizabeth Cookson. * George Wiggins. 


113-2MM'' Caroline Catron. Jesse Sanders. 

2 Lafayette Catron. Nannie Roach. 
OK 3 Levannali Elizabetli Catron. Tiionias Holmes Cariiie and 

Levi Rosters Keys. 
1\^'2-'5M" Elvira Jane McLain. ^Alexander Thompson and William 
2 Calvin McLain. Charlotte Martin. 
OK 3 Austin McLain. ''■' Melissa Arminda Cordery. 

4 Mary Ann McLain. Jetterson RatlilT. 

5 Nancy Elmira McLain. Joseph Watkins and James Thomas 


6 John McLain. Mary Martin and Susannah Moore. 

7 ■ Joseph McLain. Martha Scott, Elizabeth Kerr nee Clyne 

and Lonnie Nelson. 

8 Lewis McLain. * Susie Woods. 

9 William McLain. Elizabeth Chambers and Elizabeth Horn. 
10. Mary Enieline McLain. Francis Marion Scott. 

Ii3-2''6M"' William Patrick. Elizabeth Fields and Hnnna A. Beck nee 
2 Rachel Patrick. Alexander Ballard and Houston De .'Krmond. 
OK 3 Nancy Jane Patrick. Noah LiUard and James R. Gourd. 

4 Margaret Patrick. Henry Fry, Louis Diena and Henry Mor- 


5 John Joshua Patick. Minerva Elizabeth LiUard and E!mir;i 

Starr nee Fields. 

6 Elias Patrick. - 

7 Mary Patrick. John P. Lyman and Calloway Burke. 

8 George Washington Patrick. Polina Jane Keys, Nannie C. 

Langley and Nannie Jenkins. 

9 Lucy Patrick. Joseph Heinrichs. 

10 Michael K. Patrick. Delilah Cookson and Josephine- H,i«- 
1^-2-7' 1"' Jennie Hildebrand. William Lucas. 

2 Julia Ann Hildebrand. Surry Eaton Beck, Nathaniel Wet- 
ford, James Barnett and Jasper Bee. 
OK 3 Susan Hildebrand. George Washington Mitchell. 

^1322384,5 Nannie Mtichell. Charles H. Allen. 

2 Jennie Mitchell. " 
OK 3 Rebecca Mitchell. Ezekial Proctor. 

4 Henry Mitchell. '•^ Cynthia Beck. 

5 Louvisa Mitchell. Daniel Anderson, John Lane and Samuel 


6 Mitchell Hildebrand Mitchell. Margaret Underwood. 

7 John Mitchell. Jennie Norris nee Rennecker. 

8 William Mitchell. Elizabeth Newton. 


9 Franklin Pierce Mitchell. Elizabetli Thompson and Georgia 
Ann Newton. 

10 Eliza Mitchell. George Washington Talbert. 

1 1 Reese T. Mitchell. Nannie Acorn. 

113=2^9^1'' James Lovett. Annie Quinton and Annie Griftin. 

2 Annie Lovett. * Houston De Armond. 
OK 3 David Lovett. Belle McCutchan. 

4 John Lovett. Elizabeth Young nee Tetrincha. 

5 Louisa Amanda Lovett. * Houston DeArmond. 

6 William Irving. Henrietta Oakley nee Fry. 

7 Joseph Irving. Minnie Louisa See and Henriette Ann Mar- 


8 Brice Poe. * 
1'3-2-Mo^l'"' Michael Hildebrand. Amanda Hair. 
OK 2 Elizabeth Hildebrand. Hurd. 

OK 3 Reese Hildebrand. '"" 

4 Josephine Hildebrand. John Meeker. 

5 Alice Hildebrand. Charles Antoine Schmidtman and An- 

drew Cornelius Cordery. 

6 Ertie Hildebrand. William W. Nelson. 
l'3-'2-'l l^l-' Reese Hildebrand. Lydia Latta. 

2 Elizabeth Hildebrand. Thomas Beaver, William Cramp, 
Andrew Crane and Samuel Campbell. 
I'3-2"12M'' Nannie Elizabeth Maytleld. Thomas L. Gaston. 

2 Michael Mayfield. Elizabeth Sanders and Ellen Hammonds. 
OK 3 Susan Jane Mayfield. Isaac Allison Milligan and Samuel 
Lee Milligan. 

4 John Ross Mayfield. Annie McDaniel and Nellie Phillips. 

5 Lillar Mayfield. William Rufus James, John Smith and 

Robert B. Williams. 

6 Joseph Mayfield. Helen Dobson and 

7 Isaac H. Mayfield. Sarah McNabney. 

8 Rogina Mayfield. Cornelius Willis. 
1^3-3"l-'l"' James Rogers. Mary Sanders. 
1^3-'3-M^l-'^ Charles Rogers. - Susie Foreman. 
OK 2 Elmira Rogers. Timothy Fields. 

11323364,1-, Elizabeth Brand. Theodore Cummings and Solomon Bragg. 
2 Francis Rogers. William Elders. 

OK 3 John Rogers. Missouri Emma Quinton. 

4 Cynthia Ann Rogers. * 

5 Margaret Brown. * 

1 13=337-' 1 5 Elizabeth Fields. William Patrick. 


Continuation of Old Families. 

The descendants of Anthony Foreman, a Seotcinii.oi u no married two 
full blood Cherokee wives. 

1^ AnthonyForeman. Susie and Elizabeth. \2(> 

IM- John Foreman. Nannie l)rums;ooIe nee Doubiehead and 
Ruth Springston. 
2 Catherine Foreman. James Bigby. 
OK 3 Thomas Foreman. Susannah Brewer nee Fields. 

4 Nannie Foreman. Bushyhead. 

5 Sallie Foreman. William Hicks. 

6 Richard Bark Foreman. and Rachel Seabolt. 

7 Archibald Foreman. Aky Brewer and Theresa Kerr. A2 7 

8 Elsie Foreman. James Spears. 

9 Stephen Foreman. Sallie W. Riley and Ruth Candy nee 


10 Edward Foreman. Minerva Kerr. 

1 1 Mary Foreman. Thomas Barnes. 

12 Alexander Foreman. Ruth Phillips * and Sarah Fields. 
lM-1-^ Richard Foreman. Sallie and Dorcas Rattlinggourd. 

2 John Foreman. Lucretia and Va-ki-nv. 

OK 3 James Foreman. Delialh Fields. 

4 Elizabeth Foreman. Edley Springton. 

5 Elizabeth Foreman. John Elliott. 

6 Johnson Foreman. Elizabeth B. Mann. 

1^2-P Mary Ann Bigby. David Taylor. A2S 

2 Jennie Bigby. Andrew Taylor. 

OK 3 Thomas Wilson Bigby. Margaret Catherine Adair. 

4 James Bigby. * Louisa Levi. 

5 Elizabeth Bigby. Moses Fields. 

6 Wiley Bibgy. Mary McLaughlin and Elnora Nich' ^' - 

7 Sallie Bigby. Leonard Bonaparte Williams. 

8 Jackson Bigby. * 

9 Susie Bigby. Felix Riley. 

10 Malinda Bigby. William Guilliams and Jesse Redman. 

l'3'l" Nannie Foreman. Allen GafTord and Martin North. 

2 Samuel Foreman. Sallie Rattlinggourd. 


OK 3 Nellie Foreman. Adam Bibles. 

4 Charles Foreman. Annie Seabolt and Thirsey Colvin. 

5 William Hicks Foreman. * Mary Sweetwater. 

6 Joseph Anthony Foreman. Narcissa Reaves Carey and Lethe 


7 Sallie Foreman. * 

8 David McNair Foreman. Sarah Sweetwater, Agnes Fore- 

man Sweetwater and Mary Foreman nee Sweetwater. 

9 George Foreman. Elizabeth Fields and Elizabeth Fields. 

10 Thomas Foreman. Elizabeth Chicken. 

1 1 Susan Foreman. Samuel Jones and Walter Stopp. 

12 James Foreman. '■= 

13 Edward Foreman. Mary Proctor, Sarah Proctor and Jen- 

nie Spaniard nee Terrapin. 

14 Elizabeth Foreman. Johnson Proctor and Redbird Sixkiller. 
lH-1^ Jesse Bushyhead. Eliza Wilkerson. 

2 Isaac Bushyhead. Catherine Ratlift" and Ghi-ga-u Snake. 

OK 3 George Bushyhead. Go-wo-hi-du. 

4 Nannie Bushyhead. John Walker and Lewis Hildebrand. 

5 Susan C. Bushyhead. Ezekial Lyons and L. P. Harris. 

6 Jacob Bushyhead. Nannie McDaniel and Elizabeth Romine 

nee Riley. 

7 Charles Bushyhead. Polly Starr and Sallie Miller nee Mc- 


l'5-l-^ Eli Hicks. Isabel Miller. 

2 Jay Hicks. Catherine Levi. 

3 Ruth Hicks. Ezekial Beck and William Rogers. 

4 William Hicks. * 

5 Carrington Hicks. * 

6 Margaret Hicks. Jacob Nicholson. 

7 Ella Hicks. Joseph Spears. 

8 Abijah Hicks. Hannah Worcester. 

9 Anna Hicks. Charles French. 

10 Charles Hicks. * 

1 1 John Hicks. '■■ 

12 Sarah Hicks. Spencer Seago Stephens. 

13 Nannie Hicks. Sebastian Boynton and William A. Reese. 
r6-l3 Jennie Foreman. Celle Robbards and Henry Glenn. 

2 Annie Laura Foreman. Lord Wellington Shirley. 
OK 3 Archibald Foreman. Sarah Walkingwolf. 

4 Anthony Foreman. * 

5 Susan Louella Foreman. David Sanders, John Horn and 

John Clark Cleveland. 

6 Daniel C. Foreman. Elizabeth Beck. 


7 Stephen Foreman. Christine Hooeland nL^e Sands 

8 Catherine Foreman. William McCrearv and Aaron Headin 


9 Robert Foreman. * 

10 Martha Foreman. * James Allison. 

1^7^'l" Mary Foreman. Ellis Fox Phillips and William C. Dickson. 

2 Minerva Foreman. Amos Thornton and Wallace Vann. 

OK 3 Archibald Foreman. * 

l'8-l'^ Nannie Spears. * 

2 Eli Spears. Elizabeth Hall. 

OK 3 John Spears. Annie Welch. 

4 Elizal)eth Spears. Charles Dobbins. 

5 Mary Ann Spears. William Coody Ross. 

6 Elmira Spears. Stephen David. 

7 Stephen Spears. Maria Louisa Roberson. 

8 Archibald Spears. 

9 Charles Spears. Mary J. Crockett. 
r9-l-' Austin Worcester Foreman. * 
2 Ermina Nash Foreman. * 
OK 3 Jeremiah Everett Foreman. Celeste Stidham. 

4 Susie Elizabeth Foreman. * 

5 John Anthony Foreman. Eliza Mary BIythe and Nannie 

Amanda Smith. 

6 Stephen Taylor Foreman. Ada Carter McClellan. 

7 Jennie Lind Foreman. Charles McClure McClellan. 

8 Archibald Alexander Foreman. * Annie Rucks. 

9 Austin Worcester Foreman. Emily Josephine Ridenhour 

and Margaret Edith George. 

1(1 Charles Hodge Foreman. * 

1 1 Flora Elizabeth Foreman. Austin J. Rider. 

1 2 Araminta Ross Foreman. 

iMl-l" John Albert Barnes. * 

2 Rachel Barnes. Jenkins Whiteside Maxtield. 

3 Alexander Foreman Barnes. * 

4 Corinne Abigal Barnes. John Nathaniel Taylor. 

5 Theresa Elizabeth Barnes. Thomas Ivey. 

6 Henry Clay Barnes. Catherine Chambers, Nannie Cather- 

ine Wilson nee Daniel and Mary Cornelia Nowiin. 

7 Sarah Barnes. * Stephen Hart. 

8 Minnie Barnes. Charles Edward Willey. 

9 Fannie Barnes. George Washington Benge. 
l'12-l'' Pierce Butler Foreman. * 

2 Edward Foreman. Cherokee Brown and Emma Barnes. 

OK 3 George Bullette Foreman. Nannie Elizabeth Garrison. 

4 Josephus W. Foreman. * 


5 Thomsia Elizabeth Foreman. * Thomas W. Collins. 

6 Ermina Cooie Foreman. Robert Preston Vann. 


I^ Sequoyah. Sallie and U-ti-_vu. 

1M= Teesey Guess. U-ti-yu and Rebecca Bowles. A29 

2 George Guess. * 

OK 3 Polly Guess. Flying and Thomas Brewer. 

4 Richard Guess. * 


E-ya-gu Guess. George Starr 


Ooo-loo-tsa Guess. * 


Gu-u-ne-ki Guess. Sixkiller. 


George Guess. Girty. 


Richard Guess. * 

K 3 

Joseph Guess. * 

4 Sallie Guess. William Foster or Tu-noo-ie. 

5 Joseph Guess. '■' 

6 Catherine Guess. Joseph Downing. 
1^3-1^ Annie Flying. Joseph Griffin. 
I^S-l" Joseph Starr. * 

1^7-F' Araminta Sixkiller. 

lM-1^1^ Mary Guess. George Mitchell and Andrew Russell. 

2 Guess. 

] 1,1243] 4 Susie Foster. Levi Toney. 

lM-6-M^ Nannie Downing. Richard H. Bowles. 

2 Lucile Downing. Goggle. 

OK 3 Edward Downing. 

4 Sequoyah Downing. 

5 Maud Downing. 
Vypl^ Ti-du-gi-yo-sti. 

I'r-'l3l-'i5 George W. Russell. Minnie Holston. 

IMM^IM-'^ Calvin Hanks Toney. 

2 Cicero Davis Toney. 

OK 3 Margaret Toney. 

I 4 Catherine Toney. 

I 5 Sallie Toney. 

lil=6-''l*l=^ Leo Bennett Bowles. 

OK 2 Richard Bowles. 

111=6324]-, Qe(,ii \Y_ Coggle. 

2 Houston Coggle. 


P Oo-loo-tsa, of the Holly clan. 

IM^ Ghi-go-ne-li. 

IM-!-' Nannie. George Lowrey. 

2 Ghi-go-ne-li. 


IM-IM^ John Lowrey. Elizabeth Shorey and Ga-ne-lu-i;i Mc- 

2 George Lowrey. Lucy Benge. A31 

OK 3 Jennie Lowrey. Tah-lon-tee-skee. ?2 

4 Elizabeth Lowrey. Joseph Sevier anJ John Walker. 

5 Sallie Lowrey. 

6 Nellie Lowrey. Edmond Pawling. 

7 Aky Lowrey. Arthur Burns. 

\'l-2-'\* Catherine. John (iunter. A30 

2 Polly. Smith. 

ri^l-M^l"' Elizabeth Lowrey. William Shorey Pack. 

2 Jennie Lowrey. Robert Benge. 

OK 3 Eliza Lowrey. Martin Benge. 

\H'-\^2*i'' James Lowrey. Elizabeth McLemore. 

2 Susan Lowrey. Andrew Ross. 

2 George Lowrey. Elizabeth Baldridge. 

4 Lydia Lowrey Milo Hoyt. 

5 Rachel Lowrey. David Brown and Nelson Orr. 

6 John Lowrey. * 

7 Anderson Pierce Lowrev. Marv Nave. 

8 Archibal Lowrev. Rachel Harris and Delilah Baldrid,i;e. 

9 Washington Lowrev. Jennie 

10 Charles Lowrey. Jennie Ballard and Ellen Reese. 
1M-M''3^1'' George Lovett. Nannie Horn nee Hildebrand and Eliza- 
beth Swimmer. 
1M-1^4M'' Margaret Sevier. Gideon Morgan. 
2 Eliza Sevier. W. Templin Ross. 

OK 3 John Walker. Emily Meigs and Nannie Bushyhead. 

1 1 J 2 1 354 1 .-, Tsa-gi-na. Pigeon. 


OK 3 Elizabeth. 

4 Baldridse. 

5 Switzler Lowrev. Rachel Brownlow. 

6 Rope Campbell. 

i^iH^6H'^ Edward Fowling. * Margaret Smith. 

2 Edmond Fawling. Jennie Stanridge. 

OK 3 Joseph Fawling. Lydia Brown. 


4 Rim Pawling. * 

5 Ellis Pawling. Elizabeth Griffin. 

6 Elizabeth Pawling. Hiram Moody and Samuel Scharble. 

7 James Pawling. * 

8 Susie Pawling-. Thomas Smith and Isaac Timmons. 
iM^l^ZM' Mary Burns. William Alexander Davis. 

OK 2 Elizabeth Burns. Michael Huraker. 

r 1=2-" 1^1 5 Samuel Gunter. A-yo-ku. 

2 Aky Gunter. Alexander McCoy. 

OK 3 Martha J. Gunter. Richard Blackurs. 

4 Edward Gunter. Elsie McCoy and Letitia Keys. 

5 Elizabeth Hunt Gunter. Martin Matthew Scrimsher. 

6 John Gunters. 

7 Catherine Gunter. James B. Vaught and Oliver Wack Lipe.- 
lil=232M5 Walter Smith. '•= 

^i|2j3i4i5|6 Thomas Jefferson Pack. Jennie Taylor. 

OK 2 Cynthia Pack. John Cowart. 

\'\-i-\*2^l'^ Mary Benge. * John Lee. 

2 Eliza Benge. Henry Seabolt. 

OK 3 John Benge. Caroline Gordon. 

4 Robin Benge. * 

5 McLemon Benge. Margaret Seabolt. 

6 Young Benge, * 

7 Pickens Benge. Angeline Franklin. 

8 Sarah Benge * 

lM-1^1^3'1" Samuel Houston Benge, Lucy Blair and Nannie Brewster 

2 George Washington Benge. * Nannie Holmes. 

OK 3 Obediah Martin Benge. Margaret Blair and Etta . 

4 Richard Benge. Charlotte Frye. 

5 Rhoda Benge. Stephen Teehee. 

6 William Benge. Elizabeth Ross. 

7 Catherine Benge. George Washington Gunteu 
lMM^2M'l" Lucy Lowrey. John W. Brown. 

2 William Lowrey. Anohi Bigbullet and Lucy Fourkiller. 

OK 3 Charles Lowrey. 

4 John Lowrey. Elizabeth Blair. 

!• r'l-''2'*l°l'' Oliver Perry Ross. Susie Vann and Elzina Hair nee Goo- 

2 Daniel Ross. Naomi Chisholm and Sarah Half breed. 

OK 3 Andrew J. Ross. Nannie Otterlefter and Nannie Halfbreed. 

4 Samuel Houston Ross. Sarah Grimmett. 

5 William Coody Ross. Mary Ann Spears. 

6 Joseph Miller Ross. Rachel Drew. 

7 Joshua Ross. Muskogee Yargee. 

8 Richard Johnson Ross. Elizabeth Stidham. 

9 Jennie Pocahontas Ross. John D. Murrell. 
ri=l32-'35l"* Jennie Lowrey. James Brown Choate. 


1M-1"2M^'I« Dollie Eunice Hoyt. Amory Nelson Chamberlain. 
2 Nancy Ann Hoyt. Hamilton Balentine. 
Esther Susan Hoyt. James Ward. 
Hindman Hoyt Hoyt. Ruth Ann BulTington and Elizabeth 

Candy. * 
Sarah Hoyt. Richard Hunter. 
Lucy Lowrcy Hoyt. Monroe Calvin Keys. 
Mile Ard Hoyt. Harriette Washburn nee Folsom. 
John L. Brown. Ann Schrimsher. 
Catherine Brown. William Daniel. 
Daniel Webster Lowrey. 

Henry Lowrey. Mary Parris and Evaline Evans nee Russell. 
Lucy Ann Lowrey. Charles Hicks Campbell. 
Dollie Eunice Lowrey. James Fields, * Thomas Starr and 

Charles Galloway. * 
George Lowrey. * 

Susan Lowrey. Richard Robertson and Jefferson Carter. 
Eliza Lowrey. William Henry Davis. 
James Monroe Lowrey. Susie Vickery. 
Andrew Lowrey. Dora Pinckney nee Bruton. 

8 Austin Lowrey. Sallie Coker. 

11 1213248.-. 10 James Lowrey. Ellen Pij;eoii. 

lM = l-'*2-'9'l'^ George Lowrey. Elizabeth Proctor. 

lM-l-'2-'10"l" Orsinoe Lowrey. Charles Reese Starr. 

2 Lucy Lowrev. * 







■111- 1"2 















OK 3 Alice B. Lowrey. 

4 Return Johnson Lowrey. Drucilyla Medley. 

5 Charles Pickens Lowrey. Laura Rider. 
lM-l-''3^1''l'^ James Lovett. Annie Quinton and Annie GrilTin. 

2 Annie Lovett. * Houston DeArmond. 

3 David Lovett. Belle McCutchan. 

4 John Lovett. * Elizabeth Young nee Tetincha. 

5 Louisa Amanda Lovett. * Houston DeArmond. 

6 Louisa Lovett. 

7 Eliza Lovett. 

8 William Lovett. Susie Crossland and Nannie Pettit. 

9 Sarah Lovett. Deertrack Candy. 
10 Lucy Lovett * John Proctor. 

1 1 Susie Lovett. * Joseph Goings. 

ri-m^M" Margaret Ann Ward Morgan. Robert Taylor Hanks and 
J. Henry Effort. 

2 George Washington Morgan. Martha Keziah Mayo. 


OK 3 Elizabeth Lowry Morgan. Hugh McDowell McElreath and 

William C. Eblin. 

4 Cherokee America Morgan. Andrew Lewis Rogers. 

5 Rufus Montezuma Morgan. * Mary Holt. 

6 Amanda Patience Morgan. Frank Fowler and Joseph Ab- 

salom Scales. 

7 Robert Hanks Morgan. * 
1'1-1"4-'2^I" Andrew Ross. Lucinda Gentry. 

2 Samuel Potts Ross. 

OK 3 Benjamin Franklin Ross. 

4 Joseph Ross. Priscilla Gentry. 

5 Margaret Melvina Ross. 

6 Hannah Ross. Fin B. Tompkins. 

7 Robert Ross. 

8 Mary Ann Ross. 

|ijL'j34435i6 Timothy Meigs Walker. Elizabeth Neely Adair. 

2 Elizabeth Grace Walker. James Coleman and Pryor Smith. 
OK 3 Minerva Jane Walker. Armstrong Lea and Lorenzo De- 

4 John Osborn Walker. Lucinda Taylor and Georgianna 

5 Sarah E. Walker. George Washington Lasley. 

6 Ebenezer Walker. Sarah Lasley nee Harlan. 
I'l-l-S'lH" Ellen Pigeon. 

2 Lucy Pigeon. 

3 Josiah Pigeon. 

4 Lucinda Pigeon. 

Iil2^35425i6 jQh„ Lowrey McCoy. Charlotte Ratliff, Emma Bennett 
and Lucy Jane Adair. 

2 Gu-wo-du-gi-sdi. 

3 Gu-yo-ti-hi. 
lM-l-'5-»3M'* Aky. 

2 Nellie. 

3 Elizabeth. 

4 Uwo-no-sdi. 

lil = l-5M=l« Mary Baldridge. Walker Hogner. 

2 George Baldridge. * , 

3 Ewi Baldridge. 

4 Ets-wo-ti-sgi Baldridge. 

I'l-l^S-'S-M" Margaret Lowrey. Jefferson Hicks and Wilson Hornet. 

2 Edward Lowrey. Rose Welch and Sarah Welch. 

OK 3 Samuel Lowrey. * 

4 Mary Lowrey. George Foreman and Philip Webster. 

5 Nannie Lowrey. * William Roach. 

6 Eliza Lowrey. William Roach and William Batt. 


1MM-"5^6M" Sophia Campbell. Jack Fox, Rat and John M. Smith. 

2 John Campbell. Lydia Dry. 

OK 3 Susie Campbell. * John Brown Wright. 

4 Elizabeth Campbell. Henry Clay Ross. 

5 Lethe Campbell. Charles Hermann and Napoleon Bona- 

parte Rowe. 

6 Jennie Campbell. John Brown Wright and Levi O'Ficlds. 

7 Hook Campbell. 

8 Mary Campbell. Charles Hendricks and .Alexander Hen- 

lMM-''6-'2'''r' Edmond Fawlin^s;-. Mary and Cass Pippins. 

2 Henry Pawling-. Adeline CoUuni and Marj:aret Wilson. 

OK 3 Susan Pawling. John Williams and Hugh Snider. 

4 Mary Pawling. Jacob Williams and John Stafford. 

lM = l-'6^5''l" Alexander Pawling. Susan Dolusky Hensley. 

2 Nannie Pawling. Armstead B. Maxwell. 

OK 3 Sarah Pawling. Kelly and HoUis Lorenzo Chubbuck. 

4 George W. Pawling. Sarah Jane Langley, Lena , 

Malinda Isreal and Warren. 

5 Mary Pawling. James Horton. 

6 Lydia Pawling. '■' Lafayette Guinn. 
lM-l"6^8''r'' Mary Smith. George Downing. 

2 Jennie Smith. Plying. 

OK 3 James Smith. Nannie Voungblood. 

4 Hiram Smith. 

5 Lucy Smith. Isaac Shade. 

6 George Smith. Elizabeth Keener. 

7 John Smith. Sarah Whitwater. 

8 Elizabeth Smith. 
William Smith. 

iM-M-vM-'l" Cynthia Pack Davis. John Thompson Mayes. 

2 Laura Cornelia Davis. * 

OK 3 Sarah Ophelia Davis. James Allen Mayes. 

4 John Lowrey Davis. Harriette Folsom. 

5 William Henry Davis. Eliza Lowrey. 

6 George Washington Davis. * 

7 Mary Elizabeth Davis. Robert Harrison Akin and Theodora 

Freeland Polsom. 

lM-lv^2'r' Mary Hufaker. Carter Daniel Markham. 

OK 2 Cynthia Hufaker. * John R. McNair. 

111=23 l^lM'' George Washington Gunter. Eliza Nave. 

111=231^2=1" Lucy McCoy. James Gatlin. 

|ij223|435iG Samuel R. Blackburn. Nannie P. Lattamore. 

OK 2 Jennie Blackburn. Carter Walker Maylield. 


lil-2^lM^l''' Nannie Gunter. * Wiliam Shipley. 
2 Nellie Gunter. Lachlan Beavert. 

3 Sarah Gunter. John R. Nicholson. 

4 James Gunter. * 

5 Margaret Gunter. Rufus Goody and Madison Goody. 

6 Eliza Gunter. Riley Keys, John Alexander Adair and 


8 Daniel McCoy Gunter. * 

9 John Gunter. * 

10 Catherine Gunter. Daniel Hicks Ross. 

1 1 Martha Gunter. * 

7 Jennie Gunter. Leroy Keys. 

12 Elizabeth Gunter. Alexander McCoy Rider. 
ri-2'M-*5''r' John Gunter Scrimsher. Juliette Melvina Candy. 

2 Elizabeth Alabama Scrimsher. John Lafayette Adair and 

Dennis Wolf Bushyhead. 

3 Mary America Scrimsher. Clement Vann Rogers. 

4 Sarah Catherine Scrimsher. * 

5 Martha Lucretia Scrimsher. Fredrick William Gulager. 
1M=2-M-'6"1" Nellie Gunter. John We-tu-su-te. 

1M-2^1'*7'M" Sarah Josephine Vaught. * George Washington Nave and 
Olney Sevier Morgan. 

2 Dewitt Clinton Lipe. Victoria Susan Hicks and Mary Eliza- 
beth Archer. 
OK 3 Nannie E. Lipe. * 

4 John Gunter Lipe. * 

5 Jennie Catherine Lipe. Pleasant Napoleon Blackstone. 

6 Clark Charlesworth Lipe. Libbie Farmer and Margaret 

Emma Thompson. 

1^ John Bowles. Jennie, Oo-loo-tsa and Oo-ti-yu. A3 3 

I'r John Bowles. Jennie. 
2 French Bowles. * 
OK 3 Nellie Bowles. * 

4 Lightningbug Bowles. A-yu-su. 

5 Tu-noo-ne-ski Bowles. * 

6 Du-qu-Ii-lu- Wagon Bowles. Fannie Davis. 

7 Qua-ti-ni Bowles. * 

8 Tsa-gi-na Bowles. Bird Tail. 

9 Rebecca Bowles. Tee-see Guess. A29 


10 Samuel Bowles. I-doo-si. 

1 1 Eliza Bowles. John Porum Uavis. 

12 Nannie Bowles. ''■' George Chisholm. 

lM-1^ James Bowles. Eliza Halfbreed. 

lH-1" Joseph Bowles. * 

2 Caroline Bowles. * 

OK 3 John Bowles. * 

4 Jefferson Bowles. * 

l'6-l-' Johnson Bowles. * 

2 Etta Bowles. * 

OK 3 Elizabeth Bowles. * 

4 Thomas Bowles. * 

1^8=1^ Gu-de-iri. * 

2 Ghi-go-ne-li. 

3 Go-yi-ne. * 

l'9-l-' Sallie Guess. Wiliam Foster. 

2 Joseph Guess. * 

OK 3 Catherine Guess. Joseph Downing. 

IMOM^ George Bowles. * 

IM r'l-' John Davis. - 

lM-r"l^ Minnie Bowles. Elijah Hermogene l.erWance and Orlando 

OK 2 Richard H. Bowles. Bettie Blythe and Nannie Downing. 

1'9-1-M-* Susie Foster. Levi Toney. 

1^9-3^1^ Nannie Downing. Richard H. Bowles. 

2 Lucile Downing. Goggle. 

3 Edward Downing. 

4 Sequoyah Downing. 

5 Maud Downing, 
l^l-l-'m-' Lillian LeMance. 

OK 2 Jessie Lamar Shay. 

1M-1"2-'1-"' Thomas Bowles. 

Leo Bennett Bowles. 
Richard Bowles. 
Calvin Hanks Toney. 
Cicero Davis Toney. 
Margaret Toney. 
Catherine Toney. 
Sallie Toney. 
Leo Bennett Bowles. 
Richard Bowles. 
Cicero W. Goggle. 
Houston Goggle. 





I^l-' ( 







IM'' I 





Continuation of Old Families 


2 Eli Sanders. Elmira Eldridge, Catherine Dilingliam nee 

Clyne and Lucy Tiiornton nee Crittenden. 
]! Susannali. Mitchell Sanders A34 

IM- George Sanders. Jennie Pritchett. 

2 Alexander Sanders. Peggy Sonicooie. A35 

OK 3 John Sanders. Dorcas Smith. 

4 Andrew Sanders. Mary Brewster. 

5 David Sanders. Susie Peacock. 

6 Nannie Sanders. George Harlan and Ambrose Harnage.A36 

7 Agnes Sanders. Jacob Alberty. 

8 Jennie Sanders. William Crittenden. 
lM-1" Elsie Sanders. Maxwell Chambers. 

2 Walter Chambers. Sallie and Elizabeth. 
OK 3 Samuel Sanders. * Ghi-ga-u Meanman. 

4 James Sanders. Dorcas Fields. 

5 Nannie Sanders. Joseph Spears. 

6 Elizabeth Sanders. * 

7 Nicholas Byers Sanders. Sallie Eagle. 

8 Jesse Sanders. Caroline Catron. 
r2-l^ George Sanders. Elsie . 

2 Mitchell Sanders. and Polly Overtaker. 

3 John Sanders. * 

4 Thomas Sanders. Nannie Sonicooie. 

5 Jennie Sanders. John Winters. 

6 Richard Sanders. 

7 Andrew Sanders. Elizabeth Butler nee Puppy and Araminta 

Starr nee McCoy. 

8 Mary Sanders. Isaac Ragsdale. 

9 Ellis Sanders. * Elizabeth McCoy. 
iM-l'^ Agnes Sanders. Isaac Childers. 

2 Robert Sanders. Mary McCreary. 
OK 3 Alexander Sanders. 

14 Isaac Sanders. Jennie Campbell. 

j 5 Benjamin Sanders. Nana and Rachel. 

6 David Sanders. Tiana Overtaker. 

7 Edward Sanders. Agnes Rattlinggoourd. 

8 Elizabeth Sanders. Nathan Childers. 

9 Margaret Sanders. John Colwell. 
I 10 Moses Sanders. * 

I 1 1 Charles Sanders. Elizabeth Jane Daniel. 
1M=1" Thompson Sanders. Nakie Lee. 

2 .Annie Sanders. William Richardson, Charles Fargo and Eli 


OK 3 Archibald Sanders. Margaret Taylor and Isabel Eldridjic. 

4 Betsy Sanders. Hampton Williams. 

5 Polly Sanders. Archibald Henrv. 
1^6M3 Eli Harlan. Delilah Alberty. 

2 Ellis Sanders Harlan. Nannie Barnett. 

OK 3 Sallie Harlan. Jacob Harnage. 

4 Elmira Harlan. Joshua Roach. 

5 William Harnage. Martha Snow. 

6 John Griffith Harnage. Ruth Starr and Emilv Walker Mav- 

field . 

7 George Harnage. Nannie Maylield. 

8 Andrew Jackson Harnage. * 

9 Elizabeth Harnage. John Adair Bell. 
1^7-1^ Johnson Alberty. Catherine Hood. 

2 Lydia Alberty. William Crittenden. 

OK 3 Sallie Alberty. John Shell. 

4 Moses Alberty. Mary Love and Ruth Dougherty. 

l^S^s Henry Clay Crittenden. Susie Wolf. 

IM-l'M^ John Chambers. Catherine Seabolt, Amelia Bean and 
Almira Bean. 

2 Robert Chambers. * 

3 Lettie Boyd Chambers. James Starr and Daniel McCoy. 

4 Henry Chambers. Nannie Hendricks. 

5 Joseph Chambers. Nancy Jane Starr. 

6 David Chambers. * 

7 James Chambers. Catherine Hendricks. 

8 William Williams Chambers. Pauline Parris. 
1M-2''1^ Mary Sanders. Leroy Tyner and Jefferson Hair. 

2 Thomas Chambers. Mary Smith. 

3 John Sanders. Jennie Sanders * and Agnes Crittenden. 

4 David Sanders. Delilah Whitmire. 

5 Annie Sanders. John Hair. 

6 Catherine Sanders. William Brymer. 

7 Takie Sanders. * 

8 Jennie Sanders. * Silas Ross. 

Q Susie Sanders. Jesse Wolf and Jack Bean. 

lM-4-'l^ Lucinda Jane Sanders. * Levi Keys. 

2 George Osceola Sanders. Elizabeth Brewer nee Allen V 

OK 3 William J. Sanders. Elizabeth Hildebrand and Mary Crit- 


4 Samuel Sanders. 

5 James M. Sanders. Catherine Baptiste and Keziah James. 

6 Elizabeth Sanders. 

7 John M. Sanders. Emma Polk. 

lil^S^^l^ George Spears. * 


lil273|4 Elizabeth Sanders. William Holt and Fredrick W. Ruther- 

2 Sallie Sanders. * 

3 Jennie Sanders. William James Largen. 

4 James Sanders. Rachel Christy. 
lil-8'l^ Madison Sanders. Louisa Holland. 

2 Margaret Sanders. Thomas Blair. 
OK 3 Cynthia Ann Sanders. George Bradley. 

4 Elizabeth Sanders. Michael Mayfield. 

5 Nicholas Sanders. Mary Tanksley. 

6 John Catron Sanders. Sallie Jane Clay. 

7 Florence Sanders. James Miller. 
1^2=1-M* Johnson Sanders. Polly Bean. 

1 '2-2^1* Jennie Sanders. George Bigfeather. 

2 Mary Sanders. James Rogers. 

3 David Sanders. Caroline Elk. 

r2-4-M-' Wilson Sanders. Laura Wells Wilkerson. 

2 Susie Sanders. * Charles Lafayette Foreman. 

OK 3 Jerusha Sanders. * 

4 Annie Sanders. * 

5 Sallie Sanders. * 

I 6 Thomas Jeflerson Sanders. Elizabeth Bearpaw. 

I 7 Rachel Sanders. Nicholas Benjamin McNair. 

8 William Sanders. * 

9 Lewis Sanders. * 

1 '2=5-1^ Clara Winters. James Ellis. 

2 Elizabeth Winters. 

OK 3 Peggy Winters. Johnson Vann and Nathaniel Stewart. 

4 Mary Winters. Aaron Burr. 

1^2=6»l-» John Sanders. * 

2 David Sanders. * 

1'2-7"1^ John Sanders. Eliza Seabolt nee Starr, Jennie Vann and 
Adeline Mitchell. 

2 Thomas Didymus Sanders. Maria Gaford and Joanna 

OK 3 Jackson Sanders. * 

4 Samuel D. Sanders. Nancy Jane Gafford and Martha Ann 

5 Henry Harrison Sanders. Charlotte Stocker nee Starr. 

l'2-8--l^ Margaret Ragsdale. * 

2 John Ragsdale. Araminta Gunter. 

OK 3 Polly Ragsdale. Joseph Dawson and John Virgil McPher- 


4 Ellen Ragsdale. Jasper Chaney. 

5 Lucy Ragsdale. Charles D. England. 


6 Isaac Harnage Ragsdale. Johanna Johnson. 

7 Cynthia Ragsdale. Joseph Hines. 

1^3-1^1^ John Childers. Minerva Ross nee Foreman and Nannie 


OK 2 Eliza Childers. Sanders Choate. 

113-231* Ellis Sanders. Martha Jane Brown and Cvntl,,,, ,. i . ... 

2 Elizabeth Ann Sanders. John Tomniason Duncan. 

OK 3 George D. Sanders. * 

4 Mitchell Sanders. Mary Josephine Harlan and M:k' K' 

5 Marion W. Sanders. * 

6 Elizur Butler Sanders. Catherine Moore. 

7 Samuel E. Sanders. Mary Frye. 

8 Esther Sanders. Gaines Clinton Smith. 
P3-3-M* Archilla Sanders. Lucinda Still. 

2 John S anders. Sallie Sequichie, Catherine Henry nee Coo- 
coodfgisky and Annie Goss. 
113-4^1* Diana Melvina Sanders. John White. 

2 Margaret Elizabeth Sanders. Peter Parson and Geori;e 
Washington Boyles. 
OK 3 Rachel Hunt Sanders. Ale.xander Lombard Martin. 

4 Mary Ellen Sanders. Joseph Raincrow. 

5 Lucy Travennes Sanders. Andrew Nowife and Georire 


6 David Edward Sanders. Elsie Ballard and Caroline Ball.irJ 

nee Romine. 
P3-5''l* Aaron Sanders. Tiana Chuculate. 

2 Oeeola Sanders. Nannie Eagle. 

3 Nannie Sanders. Youngwolf \'ann. 


Elizabeth Sanders. * 

Nannie Sanders John Thompson and Thomas Pettit. 

David Sanders. 

Neki Sanders. 

Jolly ("Hoolie'') Sanders. Mary Rogers. 

Burns Sanders. * Lucy Pritchett. 

Elizabeth Sanders. 

Agnes Sanders. Alexander Heaven. 

Jennie Sanders. 

Thomas Sanders. * 

Isaac Sanders. Isabel Hampton. 

Sallie Sanders. * Cornelius Sanders. 

Charles Sanders. '■' 

Elsie Sanders. * Alexander B. Clapp. 

Samuel Childers. Sarah Bean. 

John Jolly Colwell. '' Cynthia Chaney. 

Cynthia Colwell. John P. Hall. 

Nannie Colwell. George Washington Starr. 

Mary Colwell. Matthew Terrell. 
l'3-'ll'''l"' Caroline Elizabeth Sanders. George Washington Choate. 
2 Martha Jane Sanders. Cornelius Sanders and George 
Washington Fields. 
OK 3 Elizabeth Catherine Sanders. George Washington Choate. 

4 William Frank Sanders. Ellen Minerva Flournoy. 
1'4-1"H Mary Sanders. William Thornton and William Wilson. 

2 Lucinda Sanders. John Thornton and Lock Langley. 

3 Joshua Sanders. Charlotte Ann Adair, Nannie Ragsdale 
and Mary Quinton. 

4 Cornelius Sanders. Sallie Sanders, Sallie Smith and Martha 
Jane Sanders. 

5 William Sanders. * 

6 John Sanders. Elizabeth Tiesky* and Nancy Jane Sweat. 
114=23 1-1 Elizabeth Richardson. George Washington Doherty, Will- 
iam Patton and Thomas Pettit. 


15=1 = 










1 1 


.53 1 4 






r3 = 







2 Charles Augustus Fargo. Narcissa Jacobs and Effie Wilson 
nee Davis. 
OK 3 Calvin Fargo. Susan Margaret McKinney, Delilah Johnson, 

nee Baldridge. 
1431 Ruth Thompson. Robert Patton. 

2 Oscar Dunre Fettit. Emily Faulkner. 

OK 3 Amanda Pettit. * Isaac Abraham Jacobs. 

115=281^ Thomas Sandeis. * 

2 John Murphy Sanders. Anna L. Bell. 

OK 3 George Sanders. Elizabeth Thornton and Margaret Gar- 


4 Frank Sanders. * 

5 Alexander Sanders. 


William Ed\\ard Sanders. Sarah Catherine Scrimsher and 
Etta Jane Scraper. 









2 J 

3 / 

4 1 

5 r 

7 Sallie Sanders. * 

1'5-'3^1^ Jennie Sanders. * John Sanders. 

2 Polly Sanders. Robert Klaus. 

OK 3 Susie Sanders. Henry Cook. 

4 Boone Sanders. * 
r5=4-M-' Mitchell Williams. 

Richard Murrell Wolfe. Susan Elizabeth Shirley. 

Rachel Pauline Henry, Edward Bruce Starr, Joseph Vann 

and Walter Starr Crittenden. 
Levi James Henry. * 
George Harlan. Mary McCoy. 
Sarah Harlan George Washington l.asley, Ebenezer 

Walker and William Tackett. 
Mitchell Harlan. Letitia Victoria Keys. 
Ezekial Harlan. Rachel Sands. 

Nancy Perlony Harlan. Riley J. Keys, Joseph \'ann 
ley and Joseph Robbins. 
6 Jennie Harlan. Charles Coodv Rogers and Granville Tor- 
|ig223j4 James Ellis Harlan. Margaret Reed and Nancy Ann Gib- 
son nee Bell. 
2 Sallie Matilla Harlan. John Poole, George Lane, Lewis 
Ross Kell, James Chastine BIythe and Charles Chandler. 
OK 3 Mary Josephine Harlan. Mitchell Sanders. 

4 John Brown Harlan. Mary Ann McGhee. 

5 Ruth Jane Harlan. William Writtenberry and Joseph Henry 


6 Timothy Dwight Harlan. * 

7 Emily D. Harlan. George Finley. 
115233^4 George Harlan Harnage. 

1 15243 1 4 Eniily Roach. Edward Walls and Aaron Crittenden. 

2 William Roach. Nannie Lowrey and Eliza Lowrey. 

3 Nannie Roach. Lafayette Catron and John Horn. 

4 James Roach. * 

5 Mary Roach. * 

6 George Roach. Nannie Pritchett and Sarah Triplett. 

7 John Roach. Nellie Grant. 


8 Sarah Roach. Looney Townsend and WilUam Sullivan. 

9 Joshua Roach. * 

] 15:^53 14 Elizabeth Harnage. Lemuel Murrell and John Lewis Ward- 
low Williams. 
OK 2 Nannie Harnage. Gilbert Wesley Wilson, 
l^e^'e^l-* Sarah Caroline Harnage. John Martin Bell and Samuel G. 
2 Ezekial Sanders Starr Harnage. 

OK 3 William Thomas Harnage. Mary Rebecca Wyche. 

4 Mary Victoria Harnage. William Lucullus Carr. 

5 Ida Eugenia Harnage. Jonathan Taylor Ewers and John 

M. Morse. 

6 Loretta Beldora Harnage. John Stringer Scott. 

7 Nannie Elvira Harnage. William Boone. 

8 John Custis Lee Harnage. Frances Catherine Hunt. 

9 Lena Harnage. Thomas James Adair. 
re-Z-M"* John Sanders Harnage. '•' 

2 Sarah Harnage. Charles Henry Bacon. 

OK 3 William Wilson Harnage. Jennie Vann. 

4 Nannie Sabina Harnage. John Dana Bacon. 

1^6-9-M^ Nancy Ann Bell. Quinton Kosciusko Gebson and James 

Ellis Harlan. 

11 7-' JO, 4 Delilah Alberty. 

2 Martha Elizabeth Alberty. Columbus Marion Reeves. 

3 Joshua Alberty. * 

4 George Alberty. * Elizabeth Faught. 

5 Andrew Jackson Alberty. Amanda Folsom nee Dibble. 

6 Mary Alberty. * 

7 John Alberty. Emily Clay McDonald. 

8 Archibald Alberty. Julia A. Peake. 

9 Patsy Alberty. Stephen Palone. 
1'7-2-M-' James Crittenden. Isabel Doherty. 

2 Lucy Crittenden. Smith Thornton and Eli Sanders. 

3 Nannie Crittenden. Judge Pathkiller and Stephen Smith. 

4 Jacob Crittenden. ■■' 

5 Elizabeth Crittenden. Ellis Foreman. 

6 Agnes Crittenden. John Sanders. 

7 Emily Crittenden. Henry Bushyhead. 

8 Benjamin Crittenden. Nannie Proctor and Mary Weaver. 
117-3M* Toas Shell. Jennie Walkingstick. 

117243^4 Annie Alberty. Nelson Foreman. 

2 Jennie Alberty. Elias Gourd Foreman. 

3 Margaret Alberty. '■' 

4 Catherine Alberty. * Frank Harris. 

5 Nannie Alberty. James McA. Messer. 


1^8=1^1^ Rebecca Crittenden. - Harlin Eaton. 

2 Charles Nelson Crittenden. * 

OK 3 John Ross Crittenden. Alice Harlin. 

4 Mary Crittenden. * 

5 Sarah Crittenden. Joseph McMinp Starr. 

6 George Washington Crhtenden. Martha Jane Starr and 

Nancy Jane Wilkey. 

7 Lucy Crittenden. Martha T. Root. 

8 Charlotte Crittenden. * John Gunter Harlin. 

9 Henry Clay Crittenden. Mary Susan Morris. 

1 ' Oganstota. 
11^ Major Ridge. Susie Wickett. A37 

2 Oowatee. Susannah Reese. A3 7 

IMM-^ John Ridge. Sarah Bird Northrup. 

2 Sarah Ridge. George Washington Paschal. 
Walter Ridge. * Elizabeth. 
Nannie Watie. John Foster Wheeler. 
Stand Watie. Elizabeth Fields, Isabel Hicks nee Miller. 
Eleanor Looney and Sallie Caroline Bell. A38 

Killekeena Watie. Harriette Gold and Delight Sergeant. A37 
Thomas Black Watie. * 
Mary Ann Watie. John Walker Candy. 
John Alexander Watie. Eliza Fields. 
Elizabeth Watie. Lewis Webber. 
8 Charles Edwin Watie. * 
ri-lM-' John Rollin Ridge. Elizabeth Wilson. 
2 Clarinda Ridge. * 
OK 3 Herman Ridge. * 

4 Susan C. Ridge. J. Woodward Washburn. 

5 Aenaes Ridge. Mavia Saunders. 

6 Andrew Jackson Ridge. Helen C. Doom. 

7 Flora Chamberlin Ridge. William Davis Poison. 
1'1-2-M^ George Washington Paschal. Frances Tilley. 

2 Ridge Paschal. Virginia Gasman nee Winston. 
Emily Agnes Paschal. William McNair. 
Theodore Frelinghyson Wheeler. * 
Susan Wheeler. William Wallace Perry. 
Mary Anna Wheeler. Ethelbert Britton Bright. 
Harriette Boudinot Wheeler. Argyle Qu^'s^nbury. 
Sarah Paschal Wheeler. Clarence P. Ashbrook and William 

Goodlet Nelms. 
John Caldwell Wheeler. Lucilla Greenlield Sandels. 
William Watie Wheeler. Emma Carnall. 

8 Nannie Wheeler. * " 

l>2=23l-' Susannah Watie. * Charles Wondall. 
























2 Coniisky VVatie. * 

OK 3 Saladin Ridge Watie. * 

4 Solon Watie. * (Clierokee name Wa-ti-ke) 

5 Nannie Josepliine Watie. * John Martin Daniel. 

6 Cliarlotte Jackoline Watie. ''' 

r2=3^1^ Eleanor Susan Boudinot. Henry J. Church. 

2 Mary Harriette Boudinot. * Lyman Case. 

OK 3 William Penn Boudinot. Caroline Matilda Rogers Fields. 

4 Sarah Parkhill Boudinot. * 

5 Elias Cornelius Boudinot. * Clara Corinth Minear. 

6 Frank Brinsmade Boudinot. Annie. 

112-5^1* Harriette Candy. Hugh Montgomery McPherson. 

2 Susan Candy. * Henry Lee Hill. 

OK 3 Elizabeth Candy. " Hindman Booth Hoyt. 

r2=6"l^ Susannah Inez Watie. Thomas Jeti'erson Bean. 

OK 2 Nannie Wheeler Watie. * Lewis Keys. 

r2-7M^ Walter Webber. * 

OK 2 Charles Theodore Webber. * 


1' Catherine McDaniel. John Ward. A22 

ri- James Ward. Sidney Redding* and Lucy Haynie. 

2 George Ward. Lucy Mayes. A39 

OK 3 Samuel Ward. Easter Davis and Sallie Earwood. 

4 Elizabeth Ward. Elijah Sutton and John Cox. 

5 Susie Ward. William England. 

6 Nannie Ward. Thomas Monroe and Stephen Carroll. 

7 Bryan Ward. Temperance Stansel. 

8 Charles Ward. Nannie Cross, Ruth Hollingsworth and 

Mary Elvira Hensley. 

1M = 13 Catherine Ward. Joseph Keaton. 

2 John Ward. * 

3 Thomas Carroll Ward. Mary Annie Hicks. 

4 Moses Haynie Ward. Elizabeth Lear. 

5 Bryan Ward. Martha Kinchlow and Delilah Hicks. * 

6 George Ward. Mary Kinchlow and Mary Townsend. 

7 Lucy Ward. James Williams. 

8 Rosanna Ward. Daniel Tittle. 

9 James Ward. Esther Susan Hoyt. 
10 Nannie Ward. Caldean Gunter. 

1'2=I- Sabrina Ward. Felix Arthur. 

2 Charlotte Ward. John Henry Stover. 

OK 3 John M. Ward. Narcissa Monroe. 

4 James Ward. Louisa M. Williams. 

5 Nannie Ward. William Dameron. 

6 Martha Ward. John Countryman. 

7 Mary Ward. Joseph Henry Clark. 


8 Samuel Ward. Louisa England, Laura Spears. Tennessee 

Howell and Louisa J. Vann. 

9 Susie Ward. Joshua Lindsey. 

10 Lucy Ann Ward. George Colcher, Matthew Thompson. 

Robert Howell and Napoleon Bonaparte Luckey. 

11 Malinda Josephine Ward. Samuel Elihugh Thornton. 
I'S'l^* Samuel Ward. Cynthia Annij Wagnon. " 

2 George Howard Ward. Mary Carroll. 

OK 3 Martin Ward. Sallie Cooper. 

IH=P John W. Sutton. Mary Copeland. 

2 Harriette Sutton. 

OK 3 Henrietta Sutton. EUedge. 

4 Loretta Sutton. Younghird. 

5 Catherine Sutton. * 

6 George Morris. '■■' 
l'5-l^ Sabra England. William Henderson, Joseph Kirhy and 
John Stover. 
2 Matilda England. William Q)ueen. 
OK 3 Hepsie Tngland. Jeremiah Roberson. 

4 Joseph England. Sabra Cooper, Martha Adams and Mary 


5 Tillman England. * 

6 William England. Arminda England and Eliiiaheth .\\edley 

nee Harlin. 

7 Chapman England. * 

1'6-P Narcissa Monroe. John M. Ward and Samuel Melmn. 
2 Simpson Foster Monroe. Rebecca Hopkins. 
OK 3 Fincher Monroe. Mary Shields. 

4 Lucretia Monroe. James Humphrey, McUuil, 

Mulford, James JoletT and William Colwell. 

5 Thomas R. Monroe. Saphronia England and Susie Conner. 

6 Susie Carroll. John Carroll. 

7 Annie Carroll. * Hareford. 

8 Lucy Jane Carroll. * William Hathaway. 

9 Lettie CarrolL * 

10 Caroline Carroll. Thompson Fields. 

\^7-\^ John S. Ward. Jennie Loveless. 

2 Mildred Ward. John Woods and Lewis Wilkerson. 

3 Martha Ann Ward. Lewis Scrimsher. 

4 George Hilmon Ward. Margaret Mcintosh. 

5 Frances Catherine Ward. James Duncan. Marcum 

and Charles Barney. 

1^8=13 Elizabeth Jane Ward. Daniel Newnon Mcintosh. 

2 Mary Adeline Ward Wiley Ingram. Martin Vann. Joseph 
Brown and John A. Richard^. 


OK 3 William Ward. * Susannah Vann. 

4 Minerva Ward. Lewis Clark, John Creason, Eli Stucker 
and James A. Jackson. 

5 Matilda Ward. 

6 Mary Elvira Ward. John Wesley Holland. 

7 Martha Catherine Ward. James Cloud. 

8 John Tisdale Ward. Elizabeth Killian. 

9 George Washington Ward. Margaret Pinion and 

10 Charles Rufus Ward. Catherine Ray and 

1 1 Benjamin Ward. Jennie Ray. 
1'1-1-"1^ Lucy Keaton. Abel Fike Dial. 

2 Nannie